Order No. 13/2012/L-CTN on the promulgation of the Law on Handling of Administrative Violations (No. 15/2012/QH13)

Article 2. Interpretation of terms organization that has been handled for an administrative violation and after completely In this Law, the terms below are construed executing the sanctioning decision or decision as follows: on application of an administrative handling 1. Administrative violation is a faulty act measure or after the statute of limitations for which is committed by an individual or execution of such decision expires, re-commit organization in violation of the state the same violation, while the duration upon the management law but does not constitute a crime expiration of which he/she/it will be regarded and, therefore, must be administratively as having never been administratively handled sanctioned in accordance with law. has not expired. 2. Sanctioning of an administrative violation 6. Repeated administrative violation means means that a person with sanctioning a case in which an individual or organization competence imposes a sanction(s) on and repeats an administrative violation which he/ applies a remedial measure(s) to an she/it has previously committed without having administrative violator in accordance with the been handled while the statute of limitations Issue nos 06-10/August 2012 21 (Cling Rao nos 479480/August 6, 2012) for handling such violation has not expired. interests, has no choice but to cause a damage smaller than the damage to be prevented. 7. Organized administrative violation means that an individual or organization colludes with 12. Legitimate defense is an act of an another individual or organization to jointly individual who, for the purpose of protecting commit an administrative violation. the interests of the State or an organization, his/ her own or another person's rights and 8. License or practice certificate is a paper legitimate interests, fights in a necessary manner granted by a competent state agency or person against a person who is committing an act of to an individual or organization in accordance infringing upon such rights and interests. with law so that the latter can do business, operate, practice a profession or use a tool or 13. Unexpected event is an event in which means. Licenses and practice certificates do not an individual or organization cannot foresee or include business registration certificates and is not obliged to foresee consequences of his/ certificates linked with the personal her/its act which is dangerous to the society. backgrounds of holders not for the purpose of 14. Force majeure event is an event which practice licensing. occurs objectively and is unforeseeable and 9. Place of residence is a home, facility or irresistible despite the exercise of all necessary another house used by a citizen for his/her measures and capabilities. residence. Places of residence may be owned 15. Person having no administrative liability by citizens, or leased or lent by agencies, capacity is a person who commits an organizations or individuals to citizens or administrative violation while suffering mental allowed to be used by citizens for residence. illness or another disease which deprives him/ 10. Organization is a state agency, political her of the ability to perceive or control his/her organization, socio-political organization, acts. socio-politico-professional organization, social 16. Drug addict is a habitual user of a organization, socio-professional organization, narcotic, habit-forming or psychotropic drug economic organization, people's armed forces who is dependent on such drug. unit or another organization which is established in accordance with law. 17. Lawful representatives include parents or guardian, lawyer and legal aid provider. II. Emergency is a circumstance in which an individual or organization that, for the

Article 3. Principles of handling of purpose of warding off a practical threat to the administrative violations interests of the State or another organization, his/her/its own or another party's legitimate 1. Principles of handling of administrative 22 Issue nos 06-10/August 2012 (Cong Bao nos 479480/August 6, 2012) violations include: violation; a/ All administrative violations must be f/ For the same administrative violation, the detected, promptly stopped and strictly handled. fine to be imposed on an institutional violator All consequences of administrative violations is twice as heavy as that to be imposed on an must be remedied in strict accordance with law; individual violator. b/ The sanctioning of administrative 2. Principles of application of administrative violations must be conducted swiftly, publicly handling measures include: and objectively and in accordance with the a/ Individuals may only be subject to sanctioning competence, in order to assure administrative handling measures if they fall fairness and strict accordance with law; into the categories specified in Articles 90, 92, c/ The sanctioning of administrative 94 and 96 of this Law; violations must be based on the nature, b/ Administrative handling measures must seriousness and consequences of these be applied in accordance with Point b. Clause violations, violators and extenuating as well as 1 of this Article; aggravating circumstances; d/ Administrative sanctioning may be c/ The time limit for application of conducted only when a law-prescribed administrative handling measures shall be administrative violation is committed. decided on the basis of the nature, seriousness and consequences of violations, personal Each administrative violation must be backgrounds of violators and extenuating as sanctioned only once. well as aggravating circumstances; If many persons jointly commit an d/ Persons competent to apply administrative administrative violation, each of them shall be handling measures shall bear the burden of sanctioned for such administrative violation. proving administrative violations. Individuals If a person commits many administrative subject to administrative handling measures violations or repeatedly commits administrative have the right to prove, on their own or through violations, he/she shall be sanctioned for each their lawful representatives, that they have not violation; yet committed any administrative violation. e/ Persons with sanctioning competence shall bear the burden of proving administrative Article 4. Competence to stipulate the violations. Sanctioned individuals and sanctioning of administrative violations in the organizations have the right to prove, on their fields of state management and the mechanism own or through their lawful representatives, that of application of administrative handling they have not yet committed any administrative measures i. 3 , 73-tt:inc; -- view ; Igetei;!: Issue nos 06-10/August 2012 23 (Cony Bao nos 479480/August 6, 2012) In pursuance to this Law, the Government b/ Organizations may be administratively shall specify administrative violations; sanctioned for all administrative violations they sanctions, sanctioning levels and remedial commit; measures for each administrative violation; c/ Foreign individuals and organizations that sanctioning competence of and specific fines commit administrative violations in the territory, which can be imposed by each post holder, and contiguous zone, exclusive economic zone or competence to make minutes of administrative continental shelf of the Socialist Republic of violations in each field of state management; Vietnam; or on aircraft with Vietnamese and mechanism of application of administrative nationality or seagoing ships under the handling measures, and issue forms of minutes Vietnamese flag, shall be administratively and decisions used in sanctioning administrative sanctioned in accordance with Vietnamese law, violations. unless otherwise provided by treaties to which Vietnam is a contracting party.

Article 5. Subjects that may be handled for administrative violations 2. Subject to administrative handling measures are individuals specified in Articles I. Subjects that may be sanctioned for 90, 92, 94 and 96 of this Law. administrative violations include: Administrative handling measures are not a/Persons who are between full 14 and under applicable to foreigners. 16 years old may be administratively sanctioned for intentional administrative violations; Article 6. Statute of limitations for handling persons who are full 16 years or older may be administrative violations administratively sanctioned for any The statute of limitations for handling administrative violations. administrative violations is stipulated as Servicemen of the People's Army or People's follows: Public Security Force who commit a/ The statute of limitations for sanctioning administrative violations shall be handled like an administrative violation is I year, except the other citizens; in case of necessity to impose following cases: the sanction of deprivation of the right to use licenses or practice certificates or suspension For administrative violations in accounting; of operation for a definite time in relation to tax, charge or fee procedures; insurance nation& defense or security, sanctioning persons business; price management; securities; shall request competent agencies or units of the intellectual property; construction; protection of People's Army or People's Public Security aquatic and marine resources; forest and forest Force to conduct the handling; product management; survey, planning, 24 Issue nos 06-10/August 2012 (C6 ng Bao nos 479-480/August 6, 2012) exploration, exploitation and utilization of water at Points a and b of this Clause, if violators resources; exploration and exploitation of intentionally shirk or obstruct the sanctioning, petroleum and other minerals; environmental the statute of limitations for sanctioning their protection; atomic energy; house and office violations shall be recounted from the time management and development; land when the act of shirking or obstructing the administration, dikes; press; publication; sanctioning stops. production, import, export and trading of goods; 2. The statute of limitations for applying production and trading of banned goods and administrative handling measures is stipulated counterfeit goods; and management of overseas as follows: labor, the statute of limitations for sanctioning a/ The statute of limitations for applying the is 2 years. measure of education in commune, ward or For administrative violations which are acts township is 1 year after an individual commits of tax evasion, tax fraud, tax payment delay and a violation specified in Clause 1, Article 90; 6 inadequate declaration of tax obligations, the months after an individual commits a violation statute of limitations for sanctioning complies specified in Clause 2, Article 90, or after an with the tax law; individual commits for the last time any of the b/ The statute of limitations for sanctioning violations specified in Clauses 3 and 5, Article an administrative violation specified at Point a, 90; or 3 months after an individual commits a Clause 1 of this Article is counted as follows: violation specified in Clause 4, Article 90 of this Law; For a completed administrative violation, the statute of limitations is counted from the time b/ The statute of limitations for applying the when the violation stops. measure of consignment to reformatory is 1 year after an individual commits a violation specified For an in-progress administrative violation, in Clauses 1 and 2, Article 92; 6 months after the statute of limitations is counted from the an individual commits a violation specified in time when the violation is detected; Clause 3. Article 92 or after an individual d The statute of limitations for sanctioning commits for the last time any of the violations administrative violations of individuals specified in Clause 4, Article 92 of this Law; transferred by procedure-conducting agencies c/ The statute of limitations for applying the complies with Points a and b of this Clause. measure of consignment to compulsory The time for these procedure-conducting education institution is 1 year after an individual agencies to accept and examine the cases shall commits for the last time any of the violations be counted into such statute of limitations. specified in Clause 1, Article 94 of this Law; d/ Within the statute of limitations specified d/ The statute of limitations for applying the *4 :=1S-Ifc A 11"77, " `r toOtt ?fiso, Issue nos 06-10/Aueust 2012 25 (Cling Bao nos 479-480/August 6, 2012) measure of consignment to compulsory I. The method of counting the duration and detoxification establishment is 3 months after statute of limitations in handling administrative an individual commits for the last time a violation complies with the Civil Code, unless violation specified in Clause I, Article 96 of this Law specifies a workday-based period. this Law. 2. Nighttime is counted from 22:00 hours

Article 7. Duration upon the expiration of of a day to 6:00 hours of the following day. which an individual or organization is regarded as having never been administratively handled Article 9. Extenuating circumstances 1. If an individual or organization sanctioned The following circumstances are regarded for an administrative violation, within 6 months as extenuating ones: after completely executing a sanctioning I. An administrative violator has taken an decision to impose caution or I year after act(s) to prevent or limit consequences of his/ completely executing another administrative her/its violation or voluntarily remedies sanctioning decision or after the expiration of consequences and pay damages; the statute of limitations for executing an administrative sanctioning decision, does not 2. An administrative violator has voluntarily re-commit the administrative violation, he/she/ reported his/her/its violation or shown sincere it will be regarded as having never been repentance for the violation; or actively assisted administratively sanctioned for such violation, functional agencies in detecting or handling administrative violations; 2. If an individual subject to an administrative handling measure, within 2 years 3. A person commits an administrative after completely executing the decision on violation in the state of being emotionally application of the administrative handling provoked by an illegal act of another person; or measure or I year after the expiration of the acts beyond the legitimate defense limit or statute of limitations for executing the decision beyond requirements of an emergency on application of the administrative handling circumstance; measure, does not re-commit an administrative 4. A person commits an administrative violation, he/she will be regarded as having violation under force or due to his/her material never been subject to such administrative or spiritual dependence on another; handling measure. 5. An administrative violator is a pregnant

Article 8. Method of counting time, duration woman, a weak aged person or a person and statute of limitations in handling suffering an illness or disability which deprives administrative violations him/her of the ability to perceive or control his/ 26 Issue nos 06-10/August 2012 (Ccing Bee nos 479480/August 6, 2012) her acts; g/ Taking advantage of war conditions, a natural calamity, disaster, epidemic or other 6. A person commits an administrative special difficulties of the society to commit an violation due to his/her particularly difficult administrative violation; plight which is not attributable to his/her acts; hi Committing an administrative violation 7. A person commits an administrative while serving a penalty under a criminal violation due to his/her ignorance; judgment or while executing a decision of 8. Other extenuating circumstances application of an administrative violation stipulated by the Government. handling measure; i/ Continuing to perform an act of

Article 10. Aggravating circumstances administrative violation after being requested by a competent person to stop such act; 1. The following circumstances are regarded as aggravating ones: j/ Absconding or concealing an administrative violation after committing such a/ Committing an administrative violation violation; in an organized manner; k/ Committing an administrative violation b/ Repeatedly committing an administrative on a large scale or involving a large quantity of violation; recidivism; goods or goods of large value; c/ Ineiting, enticing or using a minor to 1/ Committing an administrative violation commit a violation; forcing one's materially or against many persons, a child, an aged person, spiritually dependent person to commit an a disabled person or a pregnant woman. administrative violation; 2. The circumstances specified in Clause d/ Using a person who, to the clear of this Article are not regarded as aggravating knowledge of the violator, suffers a mental ones if they are already defined as illness or another illness which deprives such administrative violations. person of the ability to perceive or control his/ her acts, to commit an administrative violation; Article 11. Cases not subject to e/ Affronting or libeling a person on public administrative sanctioning duty; committing an administrative violation in The following cases are not subject to a hooligan manner; administrative sanctioning: f/ Abusing one's position or powers to I. Committing an administrative violation commit an administrative violation; in an emergency circumstance; 1 7: 7.7.7.2317N . sflititt-:. Issue nos 06-10/August 2012 27 (COng Bao nos 479 -480/August 6, 2012) 2. Committing an administrative violation violations or to apply remedial measures or for the legitimate defense purpose; administrative handling measures in a timely and strict manner or according to vested 3. Committing an administrative violation competence, prescribed procedures or on right due to an unexpected event; subjects specified in this Law. 4. Committing an administrative violation 6. Imposing sanctions or applying remedial due to a force majeure event; measures against administrative violations in an 5. The administrative violator has no improper or inadequate manner. administrative liability capacity or has not 7. Illegally intervening in the handling of attained the age for being administratively administrative violations. sanctioned stipulated at Point a, Clause 1,

Article 5 of this Law. 8. Prolonging the application of administra- tive handling measures.

Article 12. Prohibited acts 9. Using fines for administrative violations 1. Retaining a case of violation which shows or for delayed execution of decisions on signs of crime for administrative handling. imposition of fines, proceeds from the sale or 2. Abusing one's position or powers to harass liquidation of confiscated material evidence and for, demand or receive money or property of means used for commission of administrative violators; tolerating, covering up or limiting the violations and other sums of money collected rights of administrative violators when from the sanctioning of administrative sanctioning administrative violations or violations in contravention of the law on the applying administrative handling measures. state budget. 3. Issuing ultra vires legal documents 10. Forging or falsifying dossiers for prescribing administrative violations, sanctioning of administrative violations or competence, sanctions and remedial measures dossiers on application of administrative for each administrative violation in a field of handling measures. state management, and administrative handling measures. 11. Infringing upon the life, health, honor or dignity of administratively sanctioned 4. Failing to sanction administrative persons or persons subject to administrative violations or to apply remedial measures or handling measures, persons subject to measures administrative handling measures. to deter and handle administrative violations or 5. Failing to sanction administrative persons subject to measures to enforce decisions 28 Issue nos 06-10/August 2012 (Gong Bao nos 479480/August 6, 2012) on handling administrative violations. 2. Upon detecting administrative violations, persons competent to handle administrative 12. Resisting, shirking, delaying or violations shall handle such violations in obstructing the execution of decisions on accordance with law. sanctioning administrative violations, decisions on application of measures to deter and handle 3. Individuals and organizations shall detect, administrative violations, decisions to enforce report, prevent and combat administrative decisions on sanctioning administrative violations. violations or decisions on application of administrative handling measures. Article 15. Lodging of complaints or denunciations and initiation of lawsuits in the

Article 13. Compensations for damage handling of administrative violations 1. Administrative violators, if causing I. Individuals and organizations that are damage, shall pay compensations. The payment handled for administrative violations may lodge of compensations for damage complies with the complaints or initiate lawsuits about decisions civil law. on handling of administrative violations in accordance with law. 2. Persons competent to handle administrative violations, agencies, 2. Individuals may lodge denunciations organizations and individuals involved in the against illegal acts in the handling of handling of administrative violations that cause administrative violations in accordance with damage shall pay compensations in accordance law. with law. 3. In the course of settlement of a complaint

Article 14. Responsibility to prevent and or lawsuit, if finding that the execution of the combat administrative violations decision on handling of administrative violation subject to such complaint or lawsuit might lead 1. Individuals and organizations shall strictly to irremediable consequences, the person abide by the law on handling of administrative settling the complaint or lawsuit shall issue a violations. Organizations are obliged to educate decision to suspend the execution of such their members to improve their sense of decision in accordance with law. responsibility to protect and abide by law and rules of the social life, and promptly take

Article 16. Responsibilities of persons measures to eliminate causes of and conditions competent to handle administrative violations for administrative violations in their organizations. 1. In the course of handling administrative : Le7lt . Issue nos 06-10/Auwg 2_ 012 29 (Cong Bao nos 479480/August 6, 2012) violations, persons competent to handle b/ To oversee and report on the enforcement administrative violations shall comply with this of the law on handling of administrative Law and other relevant laws. violations; to make statistics, and build and manage a national database on handling of 2. Persons competent to handle administrative violations; administrative violations who harass for bribes, demand or receive money or other property of c/ To assume the prime responsibility for, violators, tolerate or cover up violators, fail to and coordinate with other agencies in, providing handle violations or fail to handle violations in guidance on and professional training in the a prompt manner or according to the nature and enforcement of the law on handling of seriousness of violations or within their administrative violations; competence or in violation of other provisions d/ To examine and coordinate with of Article 12 of this Law and other provisions concerned ministries and sectors in inspecting of law shall, depending on the nature and the implementation of the law on handling of seriousness of their violations, be disciplined administrative violations. or examined for penal liability. 3. Within the ambit of their respective tasks and powers, ministries and sectors shall perform

Article 17. Responsibility to manage the or coordinate with the Ministry of Justice in enforcement of the law on handling of performing the tasks specified in Clause 2 of administrative violations this Article; promptly provide the Ministry of 1. The Government shall uniformly manage Justice with information on the handling of the enforcement of the law on handling of administrative violations for building a national administrative violations nationwide. database; and biannually and annually report to the Ministry of Justice on the handling of 2. The Ministry of Justice is answerable to administrative violations falling under their the Government for the management of the respective management. enforcement of the law on handling of administrative violations, and has the following 4. Within the ambit of its tasks and powers, tasks and powers: the Supreme People's Court shall perform the a/ To assume the prime responsibility for, or tasks specified in Clause 2 of this Article and coordinate with other agencies in, proposing or send to the Ministry of Justice biannual and elaborating and submitting to competent annual reports on the handling of administrative agencies for promulgation or promulgating violations falling under its management; direct according to its competence legal documents people's courts at all levels in providing on handling of administrative violations; information on the handling of administrative I.. - • 1•'''• ••=•*•-• . 4':•,:•;•:.••'-' ......-••;•• • 30 Issue nos 06-10/August 2012 (Gong Bao nos 979 480/August 6, 2012) - violations; and assume the prime responsibility enforce sanctioning decisions and agencies for, and coordinate with the Government in, executing decisions on application of promulgating legal documents to detail and administrative handling measures shall send guide the implementation of relevant documents and decisions specified in Article regulations. 70; Clause 2, Article 73; Clause 2, Article 77;

Article 88; Clause 4, Article 98; Article 107; 5. Within the ambit of their tasks and powers, Clause 3, Article Ill; the second paragraph, People's Committees at all levels shall manage Clause 3, Article 112; and Clauses 1 and 2, the enforcement of the law on handling of

Article 114, to the Ministry of Justice's agency administrative violations in their respective managing the database on the handling of localities and: administrative violations and local justice a/ Direct the organization of implementation agencies. of legal documents on handling of 7. The Government shall detail this Article. administrative violations; organize the dissemination of and education about the law

Article 18. Responsibilities of heads of on handling of administrative violations; agencies or units in the handling of b/ Examine, inspect and handle violations administrative violations and settle according to their competence 1. Within the ambit of their tasks and powers, complaints and denunciations about the heads of agencies or units competent to handle implementation of the law on handling of administrative violations shall: administrative violations; a/ Regularly examine and inspect, and c/ Promptly provide the Ministry of Justice promptly handle violations of persons with information on the handling of competent to handle administrative violations administrative violations for building a national under their management; settle complaints and database; and biannually and annually report denunciations about the handling of to the Ministry of Justice on the handling of administrative violations in accordance with administrative violations in their respective law; localities. b/ Refrain from illegally intervening in the 6. Agencies of persons competent to handle handling of administrative violations and bear administrative violations and competent joint responsibility for violations of persons people's courts shall consider and decide on competent to handle administrative violations administrative handling measures, agencies under their direct management in accordance executing sanctioning decisions or decisions to with law; Issue nos 06-10/August 2012 31 (Gong Bao nos 479480/August 6, 2012) c/ Prevent persons competent to handle competence. administrative violations under their management from committing acts of Article 19. Supervision of the handling of corruption; administrative violations d/ Other responsibilities prescribed by law. The National Assembly and its agencies, People's Councils at all levels, National 2. Within the ambit of their tasks and powers, Assembly and People's Council deputies, the ministers and heads of ministerial-level Vietnam Fatherland Front and its member agencies and chairpersons of People's organizations and all citizens shall supervise Committees at all levels shall: activities of agencies and persons competent to a/ Regularly direct and inspect the handling handle administrative violations; and, may of administrative violations by persons when detecting illegal acts of these agencies and competent to handle administrative violations persons, request or propose competent agencies under their management; or persons to examine, settle or handle these b/ Discipline persons who make mistakes or acts in accordance with law. commit violations in handling administrative Agencies and persons competent to handle violations under their management; administrative violations shall consider and handle those illegal acts and issue replies to c/ Promptly settle complaints and handling requests or proposals. denunciations about the handling of administrative violations in the sectors or fields

Article 20. Application of the Law on under their management in accordance with Handling of Administrative Violations to law; administrative violations committed outside d/ Other responsibilities prescribed by law. the territory of the Socialist Republic of 3. Within the ambit of their tasks and powers, Vietnam ministers, heads of ministerial-level agencies, Vietnamese citizens or organizations that chairpersons of People's Committees at all commit violations of the administrative law of levels and heads of agencies or units competent the Socialist Republic of Vietnam outside the to handle administrative violations shall detect Vietnamese territory may be administratively erroneous decisions on the handling of sanctioned in accordance with this Law. administrative violations which are issued by Part Two themselves or their subordinates and promptly modify, supplement or cancel these decisions SANCTIONING OF ADMINIS I RATIVE or issue new ones according to their VIOLATIONS 32 Issue nos 06-10/August 2012 (C6ng BA() nos 479-480/A ugust 6, 2012) Chapter I principal sanction and may be imposed with one SANCTIONS AND REMEDIAL or several additional sanctions specified in MEASURES Clause I of this Article. An additional sanction may only be imposed together with a principal Section 1 sanction. SANCTIONS

Article 22. Caution

Article 21. Sanctions and principles of Caution may be imposed on individuals and application organizations that commit unserious 1. Sanctions against administrative administrative violations which involve violations include: extenuating circumstance(s) and are, under regulations, subject to caution, or may be a/ Caution; imposed for all administrative violations b/ Fine; committed by minors who are between full 14 c/ Deprivation of the right to use licenses or and under 16 years old. Caution must be decided practice certificates for a definite time or in writing. suspension of operation for a definite time;

Article 23. Fine d/ Confiscation of material evidences of administrative violations or means used for 1. Fines to be imposed in the handling of commission of administrative violations (below administrative violations range from VND collectively referred to as material evidences 50,000 to VND 1,000,000,000, for individuals, and means of administrative violations); or from VND 100,000 to VND 2,000.000,000, for organizations, except the cases specified in e/ Expulsion. Clause 3, Article 24 of this Law. 2. The sanctions specified at Points a and b, In inner areas of a centrally run city, a fine Clause 1 of this Article must only be determined to be imposed for a violation may be higher but and imposed as principal sanctions. must not exceed two times the common fine The sanctions specified at Points c, d and e, applicable to the same violation in road traffic. Clause 1 of this Article may be determined environmental protection, social security, order either as additional sanctions or principal and safety. sanctions. 2. The Government shall set fine frames or 3. For each administrative violation, a levels applicable to specific administrative violator shall be imposed with only one violations by any of the following methods, •frt'S :Y;S".*IC • • Issue nos 06-10/Aueust 2012 33 (Gong Sao nos 479480/August 6, 2012) provided the highest fine frame does not exceed a/ VND 30,000,000 for violations in the the maximum fine level specified in Article 24 fields of marriage and family; gender equality; of this Law: domestic violence; archive, religion; emulation and commendation; judicial administration; at Determining the minimum fine and population; environmental sanitation; and maximum fine; statistics; b/ Determining the number of times or b/ VND 40,000,000 for violations in the percentage of the value or quantity of infringing fields of social security, order and safety; social goods, material evidences or objects of, turnover evil prevention and control; enforcement of civil or earnings from administrative violations. judgments; bankruptcy of enterprises and 3. Based on acts of violation, the fine frames cooperatives; road traffic; e-transactions; and or levels set in the Government's decrees and post; particular socio-economic management c/ VND 50,000.000 for violations in the requirements of their respective localities, fields of fire prevention and fighting; cipher; People's Councils of centrally run cities shall management and protection of national borders; decide on fine frames or levels for violations in legal aid; preventive medicine; HIV/AIDS the fields specified in the second paragraph, prevention and control; education; culture; Clause I of this Article. sports; tourism; management of science and 4. A specific fine to be imposed for an technology; technology transfer; child administrative violation is the medium level of protection and care; social support and relief; the fine frame set for such violation; if such natural calamity prevention and control; plant violation involves an extenuating protection and quarantine; gene source circumstance(s), the fine may be lower but must management and preservation; livestock breed not be lower than the minimum level of the fine and plant seed production and trading; animal frame; if such violation involves an aggravating health; accounting; independent audit; charges circumstance(s), the fine may be higher but and fees; management of public property; must not be higher than the maximum level of invoices; national reserves; electricity; the fine frame. chemicals; meteorology and hydrology; metrology and cartography; and business

Article 24. Maximum fine levels applicable registration; to different fields d/ VND 75,000,000 for violations in the I. Maximum fine levels applicable to the fields of national defense and national security; fields of state management to be imposed on labor; vocational training; railway transport; individuals are prescribed as follows: inland waterway navigation; health insurance: • 34 Issue nos 06-10/August 2012 (Cling Bao nos 479480/August 6, 2012) and social insurance; and forest products; and land; e/ VND 100,000,000 for violations in the j/ VND 1,000,000.000 for violations in the fields of management of irrigation works; dikes; fields of management of the sea areas, islands medical examination and treatment; cosmetics; and continental shelf of the Socialist Republic pharmaceuticals and medical equipment; of Vietnam; management of nuclear power, animal feed and fertilizer production and radioactive substances and atomic energy; trading; advertisement; betting and prize- money, precious metals, gems, banking and winning games; management of overseas labor; credit; exploration and exploitation of maritime navigation; civil aviation transport; petroleum and other minerals; and management and protection of traffic works; environmental protection. information technology; telecommunications; 2. Maximum fine levels applicable to the radio frequencies; press; publication; fields of state management specified in Clause commerce; protection of consumer interests; 1 of this Article to be imposed on organizations customs and tax procedures; lottery business; are two times those to be imposed on insurance business; thrift practice and individuals. wastefulness combat; management of explosive materials; and protection of aquatic and marine 3. Maximum fine levels applicable to the resources; fields of taxation; metrology; intellectual f/ VND 150,000,000 for violations in the Property; food safety; quality of products and fields of price management; real estate business; goods; securities; and competition restriction exploitation, production and trading of comply with relevant laws. construction materials; management of 4. Maximum fine levels applicable to new technical infrastructure facilities; management fields not yet specified in Clause 1 of this Article and development of houses and offices; bidding; shall be prescribed by the Government after and investment; consulting the National Assembly Standing g/ VND 200,000,000 for violations in the Committee. fields of production and trading of banned goods or counterfeit goods; Article 25. Deprivation of the right to use h/ VND 250,000,000 for violations in the licenses or practice certificates for a definite field of survey, planning, exploration, time or suspension of operation for a definite exploitation and use of water resources; time i/ VND 500,000,000 for violations in the 1. Deprivation of the right to use licenses or fields of construction; management of forests practice certificates for a definite time is a Issue nos 06-10/August 2012 35 (COng Bao nos 479480/August 6, 2012) sanction applicable to individuals and the right to use such licenses or practice organizations that seriously violate their certificates. licenses' or practice certificates' provisions on their operations. In the duration of deprivation Article 26. Confiscation of administrative of the right to use licenses or practice violation material evidences and means certificates, individuals and organizations may Confiscation of administrative violation not conduct operations stated in such licenses material evidences and means is the forfeiture or practice certificates. into the state budget of objects, money, goods 2. Suspension of operation fora definite time and means directly related to administrative is a sanction applicable to individuals and violations and applicable to serious organizations that commit administrative administrative violations due to intentional violations in the following cases: faults of individuals and organizations. The handling of confiscated administrative a/ Suspension of part of the operation which violation material evidences and means causes a serious consequence(s) or is likely to complies with Article 82 of this Law. cause a serious consequence(s) on human life or health or the environment of a production, Article 27. Expulsion business or service establishment and is required by law to be licensed; 1. Expulsion is a sanction which compels a foreigner who commits an administrative b/ Suspension of part or whole of the . . violation in Vietnam to leave the territory of production, business or service operation or the Socialist Republic of Vietnam. another operation which is not required by law to be licensed and causes a serious 2. The Government shall detail the consequence(s) or is likely to cause a serious application of the sanction of expulsion. consequence(s) on human life or health, the environment or social order and safety. Section 2 REMEDIAL MEASURES 3. The duration of deprivation of the right to use licenses or practice certificates or

Article 28. Remedial measures and suspension of operation specified in Clauses principles of application 1 and 2 of this Article is between 1 month and 24 months from the date the sanctioning I. Remedial measures include: decision takes effect. Persons with sanctioning a/ Forcible restoration of the original state; competence shall keep licenses or practice certificates in the duration of deprivation of b/ Forcible dismantlement of construction 36 Issue nos 06-10/August 2012 (Cony Bao nos 479480/August 6, 2012) works or construction work parts built without be subject to one or several remedial measures license or at variance with construction licenses; specified in Clause I of this Article; c/ Forcible application of measures to b/ Remedial measures may be independently remedy environmental pollution or spreading applied in the cases specified in Clause 2, Article of epidemics or diseases; 65 of this Law. d/ Forcible bringing out of the territory of

Article 29. Forcible restoration of the the Socialist Republic of Vietnam or forcible original state re-export of goods, articles or means; Administrative violators shall restore the e/ Forcible destruction of goods or articles original state which is changed due to their harmful to human health, domestic animals, administrative violations; if failing to plants and environment, or cultural products voluntarily restore the original state, they shall with harmful contents; be forced to do so. f/ Forcible correction of untruthful or misleading information; Article 30. Forcible dismantlement of g/ Forcible removal of infringing elements construction works or construction work parts from goods, goods packages, business means built without licenses or at variance with or articles; licenses Administrative violators shall dismantle h/ Forcible recall of products or goods of construction works or construction work parts inferior quality; built without licenses or at variance with i/ Forcible refund of illicit profits earned licenses; if failing to voluntarily conduct the through the commission of administrative dismantlement, they shall be forced to do so. violations or money amounts equivalent to the value of administrative violation material Article 31. Forcible application of measures evidences or means which have been illegally to remedy environmental pollution or spreading sold, dispersed or destroyed; of epidemics or diseases j/ Other remedial measures provided by the Administrative violators shall apply Government. measures to remedy environmental pollution or 2. Principles of application of remedial spreading of epidemics or diseases; if failing to measures: voluntarily apply these measures, they shall be forced to do so. a/For an administrative violation, in addition to being subject to a sanction, violators may also Article 32. Forcible bringing out of the Issue nos 06-10/August 2012 37 (Gong BS nos 479-480/August 6, 2012) territory of the Socialist Republic of Vietnam or misleading information or forcible re-export of goods, articles or means Administrative violators shall correct Administrative violators shall bring out of untruthful or misleading information in the very the territory of the Socialist Republic of Vietnam mass media or websites in which they have or re-export goods, articles or means which have published or provided such information; if previously been brought into the territory of the failing to voluntarily to correct such Socialist Republic of Vietnam or imported into information, they shall be forced to do so. the country in contravention of law or temporarily imported for re-export but not yet Article 35. Forcible removal of infringing re-exported in accordance with law. elements from goods, goods packages, business means or articles This remedial measure is also applicable to imported or transited goods infringing upon Individuals and organizations that produce intellectual property rights, goods imitating or trade in goods or use business means or those subject to intellectual property rights, articles containing infringing elements on their imported means, raw materials and materials goods, goods packages, business means or used mainly for the production or trading of articles shall remove such infringing elements; goods imitating those subject to intellectual if failing to voluntarily remove infringing property rights after the removal of infringing elements, they shall be forced to do so. elements; if failing to voluntarily take this measure, they shall be forced to do so.

Article 36. Forcible recall of products or goods of inferior quality

Article 33. Forcible destruction of goods or Individuals and organizations that produce articles harmful to human health, domestic or trade in products or goods of quality not up animals, plants and environment, or cultural to registered or announced quality standards or products with harmful contents other goods of inferior quality or with Administrative violators shall destroy goods insufficient conditions for circulation shall or articles harmful to human health, domestic recall such products or goods which are in animals, plants and environment, cultural market circulation; if failing to voluntarily recall products with harmful contents or other material products or goods of inferior quality, they shall evidences subject to destruction in accordance be forced to do so. with law; if failing to voluntarily destroy these goods or articles, they shall be forced to do so. Article 37. Forcible refund of illicit profits earned through the commission of

Article 34. Forcible correction of untruthful administrative violations or money amounts 38 Issue nos 06-10/August 2012 (Cony Bao nos 479480/August 6, 2012) equivalent to the value of administrative exceeding the fine level mentioned at Point b violation material evidences or means which of this Clause; have been illegally sold, dispersed or destroyed d/ Apply the remedial measures specified at Violators shall refund illicit profits being Points a, b, c and e, Clause 1, Article 28 of this money, property, valuable papers and objects Law. earned or obtained through the commission of 2. Chairpersons of district-level People's their administrative violations for forfeiture into Committees may: the state budget or return to victims who suffer a/ Impose caution; losses or whose objects have been misappropriated: and shall refund money b/ Impose fines of up to 50% of the amounts equivalent to the value of maximum fine levels applicable to the relevant administrative violation material evidences or fields specified in Article 24 of this Law, which means in case such evidences or means have must not exceed VND 50,000,000; been illegally sold, dispersed or destroyed; if c/ Deprive of the right to use licenses or failing to voluntarily refund illicit profits or practice certificates for a definite term or money amounts, they shall be forced to do so. suspend operation for a definite time; Chapter II d/ Confiscate administrative violation material evidences and means of a value not COMPETENCE TO SANCTION exceeding the fine level mentioned at Point b ADMINISTRATIVE VIOLATIONS AND of this Clause; APPLY REMEDIAL MEASURES e/ Apply the remedial measures specified at

Article 38. Competence of chairpersons of Points a, b, c, e, f, h, i and j, Clause 1, Article People's Committees 28 of this Law. 1. Chairpersons of commune-level People's 3. Chairpersons of provincial-level People's Committees may: Committees may: a/ Impose caution; a/ Impose caution; b/ Impose fines of up to 10% of the b/ Impose fines of up to the maximum fine maximum fine levels applicable to the relevant levels applicable to the fields specified in Article fields specified in Article 24 of this Law, which 24 of this Law; must not exceed VND 5,000,000; c/ Deprive of the right to use licenses or c/ Confiscate administrative violation practice certificates for a definite term or material evidences or means of a value DOI suspend operation for a defilllIC time; 4.3 ' Issue nos 06-10/August 2012 39 (Cong Bab nos 479480/August 6, 2012) d/ Confiscate administrative violation of this Clause; material evidences and means; d/ Apply the remedial measures specified at e/ Apply the remedial measures specified in Points a, c and e, Clause 1, Article 28 of this Clause I, Article 28 of this Law. Law. 4. Chiefs of district-level police offices;

Article 39. Competence of the Public heads of the professional sections of the Road Security Force and Railway Traffic Police Bureau, heads of the 1. Policemen who are on duty may: professional sections of the Waterway Police a/ Impose caution; Bureau; heads of sections of provincial-level Police Departments, including heads of police b/ Impose fines of up to 1% of the maximum sections for administrative management of fine levels applicable to the relevant fields social order, heads of order police sections, specified in Article 24 of this Law, which must heads of swift response police sections, heads not exceed VND 500,000. of police sections for investigation of social 2. Station chiefs or team commanders of order-related crimes, heads of police sections those mentioned in Clause I of this Article may: for investigation of economic management order and position-related crimes, heads of a/ Impose caution; police sections for investigation of drug-related b/ Impose fines of up to 3% of the maximum crimes, heads of road and railway traffic police fine levels applicable to the relevant fields sections, heads of waterway police sections, specified in Article 24 of this Law, which must heads of safeguard and mobile police sections, not exceed VND 1,500,000. heads of police sections for enforcement of 3. Chiefs of commune-level police offices criminal judgments and judicial assistance, and chiefs of police offices of border gates or heads of police sections for prevention and export processing zones may: combat of environment-related crimes, heads of fire prevention and fighting, salvage and a/ Impose caution; rescue police sections, heads of police sections b/ Impose fines of up to 5% of the maximum for fire prevention and fighting and rescue on fine levels applicable to the relevant fields rivers, heads of immigration management specified in Article 24 of this Law, which must sections, heads of internal political security not exceed VND 2,500,000; sections, heads of economic security sections, c/ Confiscate administrative violation heads of district-level fire prevention and material evidences or means of a value not fighting police sections of provincial-level fire exceeding the fine level mentioned at Point b prevention and fighting police departments: and 40 Issue nos 06-10/August 2012 (Gong Bao nos 479480/August 6, 2012) heads of mobile police units of the company or of this Clause; higher level may: e/ Directors of provincial-level Police a/ Impose caution; Departments may decide on application of the b/ Impose fines of up to 20% of the sanction of expulsion; maximum fine levels applicable to the relevant f/ Apply the remedial measures specified at fields specified in Article 24 of this Law, which Points a, c, e, i and j, Clause I, Article 28 of must not exceed VND 25,000,000; this Law. c/ Deprive of the right to use licenses or 6. The director of the Internal Political practice certificates for a definite term or Security Department, the director of the suspend operation for a definite time; Economic Security Department, the director of d/ Confiscate administrative violation the Cultural and Ideological Security material evidences and means of a value not Department, the director of the Information exceeding the fine level mentioned at Point b Security Department, the director of the Police of this Clause; Department for Administrative Management of e/ Apply the remedial measures specified at Social Order, the director of Police Department Points a, c, e and j, Clause 1, Article 28 of this for Investigation of Social Order-Related Law. Crimes, the director of the Police Department for Investigation of Economic Management 5. Directors of provincial-level Police Order and Position-Related Crimes, the director Departments and directors of fire prevention of the Police Department for Investigation of and fighting police departments may: Drug-Related Crimes, the director of the Road a/ Impose caution; and Railway Traffic Police Department, the director of the Waterway Police Department, the b/ Impose fines of up to 50% of the director of the Fire Prevention and Fighting. maximum fine levels applicable to the relevant Salvage and Rescue Police Department. the fields specified in Article 24 of this Law, which director of the Safeguard Police Department, must not exceed VND 50,000,000; the director of the Department for Criminal c/ Deprive of the right to use licenses or Judgment Enforcement Surveillance and practice certificates for a definite term or Judicial Assistance, the director of the Police suspend operation for a definite time; Department for Environmental Crime d/ Confiscate administrative violation Prevention and Combat, and the director of the material evidences and means of a value not Police Department for Hi-Tech Crime exceeding the fine level mentioned at Point b Prevention and Combat may: Issue nos 06-10/August 2012 41 (Gang Rao nos 479-480/August 6, 2012) al Impose caution; specified in Article 24 of this Law, which must not exceed VND 2,500,000. b/ Impose fines of up to the maximum fine levels applicable to the relevant fields specified 3. Chiefs of border-guard stations, captains in Article 24 of this Law; of border-guard flotillas, commanders of border-guard sub-zones and commanders of c/ Deprive of the right to use licenses or border-gate guards at ports may: practice certificates for a definite term or suspend operation for a definite time; a/ Impose caution; d/ Confiscate administrative violation b/ Impose fines of up to 20% of the material evidences and means; maximum fine levels applicable to the relevant e/ Apply the remedial measures specified at fields specified in Article 24 of this Law, which Points a, c, e, i and j, Clause 1, Article 28 of must not exceed VND 25,000,000; this Law. c/ Confiscate administrative violation 7. The director of the Immigration material evidences and means of a value not Management Department may impose sanctions exceeding the fine level mentioned at Point b according to Clause 6 of this Article and may of this Clause; decide on application of the sanction of d/ Apply the remedial measures specified at expulsion. Points a, c, e and j, Clause 1, Article 78 of this Law.

Article 40. Competence of border guards 4. Provincial-level border-guard 1. Border-guard soldiers who are on duty commanders, captains of border-guard ship may: fleets under the Border-Guard Command Post a/ Impose caution; may: b/ Impose fines of up to 1% of the maximum a/ Impose caution; fine levels applicable to the relevant fields b/ Impose fines of up to the maximum fine specified in Article 24 of this Law, which must levels applicable to the relevant fields specified not exceed VND 500,000. in Article 24 of this Law; 2. Station chiefs or team commanders of c/ Deprive of the right to use licenses or those mentioned in Clause 1 of this Article may: practice certificates for a definite term or a/ Impose caution; suspend operation for a definite time; b/ Impose fines of up to 5% of the maximum d/ Confiscate administrative violation fine levels applicable to the relevant fields material evidences and means; 42 Issue nos 06-10/August 2012 (Ong Bac) nos 479480/August 6, 2012) e/ Apply the remedial measures specified at a/ Impose caution; Points a, c, e, i and j, Clause 1, Article 28 of b/ Impose fines of up to 20% of the this Law. maximum fine levels applicable to the relevant fields specified in Article 24 of this Law, which

Article 41. Competence of marine police must not exceed VND 25,000,000; 1. Marine policemen who are on duty may: c/ Confiscate administrative violation a/ Impose caution; material evidences and means of a value not exceeding the fine level mentioned at Point b b/ Impose fines of up to 2% of the maximum of this Clause; fine levels applicable to the relevant fields specified in Article 24 of this Law, which must d/ Apply the remedial measures specified at not exceed VND 1,500,000. Points a, c, d, e and j, Clause 1, Article 28 of this Law. 2. Heads of professional operation teams of the Marine Police may: 5. Captains of marine police ship fleets may: a/ Impose caution; a/ Impose caution; b/ Impose fines of up to 30% of the b/ Impose fines of up to 5% of the maximum maximum fine levels applicable to the relevant fine levels applicable to the relevant fields fields specified in Article 24 of this Law, which specified in Article 24 of this Law, which must must not exceed VND 50,000,000; not exceed VND 5,000,000. c/ Confiscate administrative violation 3. Heads of professional operation squads material evidences and means of a value not of the Marine Police and heads of marine police exceeding the fine level mentioned at Point b stations may: of this Clause; a/ Impose caution; d/ Apply the remedial measures specified at b/ Impose fines of up to 10% of the Points a, c, d, e and j, Clause 1, Article 28 of maximum fine levels applicable to the relevant this Law. fields specified in Article 24 of this Law, which 6. Commanders of marine police zones may: must not exceed VND 10,000,000; a/ Impose caution; c/ Apply the remedial measures specified at b/ Impose fines of up to 50% of the Points a, c and e, Clause 1, Article 28 of this maximum fine levels applicable to the relevant Law. fields specified in Article 24 of this Law, which 4. Captains of marine police flotillas may: must not exceed VND 100,000,000; Issue nos 06-10/August 2012 43 (COng Bao nos 479 480/August 6, 2012) - c/ Confiscate administrative violation a/ Impose caution; material evidences and means of a value not b/ Impose fines of up to VND 5,000,000. exceeding the fine level mentioned at Point b of this Clause; 3. Directors of district-level Customs Departments, directors of district-level Post- dl Apply the remedial measures specified at Customs Clearance Inspection Departments, Points a, c, d, e and j, Clause 1, Article 28 of heads of control teams of provincial, inter- this Law. provincial or municipal Customs Departments, 7. The director of the Marine Police heads of anti-smuggling control teams, heads Department may: of customs procedure teams, captains of marine control flotillas, and heads of control teams for a/ Impose caution; protection of intellectual property rights of the b/ Impose fines of up to the maximum fine Anti-Smuggling Investigation Department of levels applicable to the relevant fields specified the General Department of Customs may: in Article 24 of this Law; a/ Impose caution; c/ Deprive of the right to use licenses or b/ Impose fines of up to VND 25,000,000; practice certificates for a definite term or suspend operation for a definite time; c/ Confiscate administrative violation material evidences and means of a value not d/ Confiscate administrative violation exceeding the fine level specified at Point b of material evidences and means; this Clause; e/ Apply the remedial measures specified at dl Apply the remedial measures specified at Points a, b, c, d, e and j, Clause 1, Article 28 of Points d, e, g, i and j, Clause I, Article 28 of this Law. this Law.

Article 42. Competence of customs 4. The director of the Anti-Smuggling Investigation Department, the director of the I. Customs officers who are on duty may: Post-Customs Clearance Inspection Department a/ Impose caution; of the General Department of Customs, and directors of provincial, inter-provincial and b/ Impose fines of up to VND 500,000. municipal Customs Departments may: 2. Heads of customs teams of district-level a/ Impose caution: Customs Departments and heads of customs b/ Impose fines of up to VND 50,000,000; teams of district-level Post-Customs Clearance Inspection Departments may: c/ Deprive of the right to use licenses or 44 Issue nos 06-10/August 2012 (COng Bao nos 479480/August 6. 2012) practice certificates for a definite term or material evidences and means of a value not suspend operation for a definite time; exceeding the fine level specified at Point b of d/ Confiscate administrative violation this Clause. material evidences and means of a value not 3. Directors of district-level forest protection exceeding the fine level mentioned at Point b offices and heads of mobile ranger and forest of this Clause; fire prevention and fighting teams may: e/ Apply the remedial measures specified at a/ Impose caution; Points d, e, g, i and j, Clause 1, Article 28 of b/ Impose fines of up to VND 25,000,000; this Law. c/ Confiscate administrative violation 5. The General Director of Customs may: material evidences and means of a value not a/ Impose caution; exceeding the fine level specified at Point b of b/ Impose fines of up to the maximum fine this Clause; levels applicable to the relevant fields specified d/ Apply the remedial measures specified at in Article 24 of this Law; Points a, c, e, i and j, Clause I, Article 28 of c/ Confiscate administrative violation this Law. material evidences and means; 4. Directors of provincial-level Forest d/ Apply the remedial measures specified at Protection Departments and heads of ranger task Points d, e, g, i and j, Clause I, Article 28 of forces of provincial-level Forest Protection this Law. Departments may: a/ Impose caution;

Article 43. Competence of the forest protection force b/ Impose fines of up to VND 50,000,000; c/ Confiscate administrative violation 1.Forest protection officers who are on duty material evidences and means of a value not may: exceeding the fine level mentioned at Point h a/ Impose caution; of this Clause; b/ Impose fines of up to VND 500,000. d/ Deprive of the right to use licenses or 2. Heads of forest protection stations may: practice certificates for a definite term or suspend operation for a definite time; a/ Impose caution; e/ Apply the remedial measures specified at b/ Impose fines of up to VND 10,000,000; Points a, b, c, e, i and j, Clause I, Article 28 of c/ Confiscate administrative violation this Law. Issue nos 06-10/Aunust 2012 45 (Gong Bao nos 479480/August 6, 2012) 5. The director of the Forest Protection exceeding the fine level specified at Point b of Department may: this Clause; a/ Impose caution; d/ Apply the remedial measures specified at Points a, i and j, Clause 1, Article 28 of this b/ Impose fines of up to the maximum fine Law. level applicable to the field of management of forests and forest products specified in Article 4. Directors of provincial-level Tax 24 of this Law; Departments may: c/ Confiscate administrative violation a/ Impose caution; material evidences and means; b/ Impose fines of up to VND 70,000,000; d/ Deprive of the right to use licenses or c/ Confiscate administrative violation practice certificates for a definite term or material evidences and means of a value not suspend operation for a definite time; exceeding the fine level mentioned at Point b e/ Apply the remedial measures specified at of this Clause; Points a, b, c, e, i and j, Clause 1, Article 28 of d/ Apply the remedial measures specified at this Law. Points a, i and j, Clause 1, Article 28 of this

Article 44. Competence of tax agencies Law. 5. The General Director of Taxation may: 1.Tax officers who are on duty may: a/ Impose caution; a/ Impose caution; b/ Impose fines of up to VND 500,000. b/ Impose fines of up to the maximum fine level applicable to the field of taxation specified 2. Heads of tax teams may: in Article 24 of this Law; a/ Impose caution; c/ Confiscate administrative violation b/ Impose fines of up to VND 2,500,000. material evidences and means; 3. Directors of district-level Tax dl Apply the remedial measures specified at Departments may: Points a, i and j, Clause 1, Article 28 of this Law. a/ Impose caution; b/ Impose fines of up to VND 25,000,000; Article 45. Competence of the Market Management Force c/ Confiscate administrative violation material evidences and means of a value not 1. Market controllers who are on duty may: 46 Issue nos 06-10/August 2012 (Gong No nay 479480/August 6, 2012) a/ Impose caution; 28 of this Law. b/ Impose fines of up to VND 500,000. 4. The director of the Market Management 2. Heads of market management teams may: Department may: a/ Impose caution; a/ Impose caution; b/ Impose fines of up to the maximum fine b/ Impose fines of up to VND 25,000,000; level applicable to the relevant fields specified c/ Confiscate administrative violation in Article 24 of this Law; material evidences and means of a value not c/ Confiscate administrative violation exceeding the fine level mentioned at Point b material evidences and means; of this Clause; d/ Deprive of the right to use licenses or d/ Apply the remedial measures specified at practice certificates for a definite term or Points a, e, f, g, h, i and], Clause 1, Article 28 suspend operation for a definite time; of this Law. e/ Apply the remedial measures specified at 3. Directors of Market Management Sub- Points a, c, d, e, f, g, h, i and], Clause J. Article Departments of provincial-level Industry and 28 of this Law. Trade Departments, heads of anti-smuggling sections, heads of anti-counterfeit goods Article 46. Competence of inspectorates sections and heads of goods quality control 1. Inspectors and persons assigned to sections of the Market Management Department perform specialized inspection tasks who are may: on duty may: a/ Impose caution; a/ Impose caution; b/ Impose fines of up to VND 50,000,000; b/ Impose fines of up to 1% of the maximum c/ Confiscate administrative violation fine levels applicable to the relevant fields material evidences and means of a value not specified in Article 24 of this Law, which must exceeding the fine level specified at Point b of not exceed VND 500,000. this Clause; c/ Confiscate administrative violation d/ Deprive of the right to use licenses or material evidences and means of a value not practice certificates for a definite term or exceeding the fine level mentioned at Point b suspend operation for a definite time; of this Clause; e/ Apply the remedial measures specified at d/ Apply the remedial measures specified at Points a, c, d, e, f, g, h, i and j, Clause 1, Article Points a, c and e, Clause 1, Article 28 of this Issue nos 06-10/August 2012 47 (Gong Sao nos 479480/August 6, 2012) Law. this Clause; 2. Chief inspectors of provincial-level e/ Apply the remedial measures specified in Departments, the chief inspector of the Civil Clause 1, Article 28 of this Law. Aviation Administration of Vietnam, the chief 3. Directors of regional State Reserve inspector of the Vietnam Maritime Departments, directors of Statistics Offices, Administration, the chief inspector of the directors of Pollution Control Departments, Vietnam Agency for Radiation and Nuclear directors of State Treasury branches of Safety, the chief inspector of the State Securities provinces and centrally run cities and equivalent Commission; directors of Food Safety and post holders who are assigned by the Hygiene Sub-Departments, directors of Government to perform the function of Population and Family Sub-Departments of specialized inspection may: provincial-level Health Departments, directors a/ Impose caution: of Sub-Departments for plant protection, animal health, fisheries, management of quality of b/ Impose fines of up to 70% of the agricultural, forest and aquatic products, maximum fine levels applicable to the relevant irrigation, dikes, forestry and rural development fields specified in Article 24 of this Law, which of provincial-level Agriculture and Rural must not exceed VND 250,000,000; Development Departments, directors of c/ Deprive of the right to use licenses or Regional Frequency Centers and equivalent practice certificates for a definite term or post holders who are assigned by the suspend operation for a definite time; Government to perform the function of d/ Confiscate administrative violation specialized inspection may: material evidences and means of a value not a/ Impose caution; exceeding the fine level specified at Point b of b/ Impose fines of up to 50% of the this Clause; maximum fine levels applicable to the relevant e/ Apply the remedial measures specified in fields specified in Article 24 of this Law, which Clause I, Article 28 of this Law. must not exceed VND 5,000,000; 4. Chief inspectors of ministries and c/ Deprive of the right to use licenses or ministerial-level agencies, the general director practice certificates for a definite term or of the Vietnam Road Administration, the suspend operation for a definite time; general director of the General Statistics Office, d/ Confiscate administrative violation the general director of the Directorate for material evidences and means of a value not Standards, Metrology and Quality Control, the exceeding the fine level specified at Point b of general director of the Cieneral Department of 48 Issue nos 06-10/August 2012 (COng Ilk nos 479480/August 6, 2012) Vocational Training, the general director of the Department of Cooperatives and Rural Directorate of Water Resources, the general Development, the director of the Department director of the Vietnam Administration of of Agro-Forestry-Fisheries Product Processing Forestry, the general director of the Directorate and Trading and Salt Production, the director of Fisheries, the general director of the General of the Insurance Management and Supervision Department of Geology and Minerals of Department, the director of the Authority of Vietnam, the general director of the Vietnam Radio Frequency Management, the director of Environment Administration, the general the Department of Telecommunications, the director of the General Department of Land director of the Administration of Radio, Administration, the director of the State Television and Electronic Information, the Treasury, the chairman of the State Securities director of the Press Department, the director Commission, the general director of the General of the Publication Department, the director of Department of State Reserves, the general the Drug Administration of Vietnam, the director of the General Office for Population director of the Administration of Health Care, and Family Planning, the director of the State the director of the Health Department of Committee for Overseas Vietnamese, the head Environmental Management, the director of the of the Central Committee for Emulation and Department of Preventive Medicine, the Commendation, the head of the Government director of the Department of Food Safety and Committee for Religious Affairs, the director Hygiene and equivalent post holders who are of the Department of Chemicals, the director assigned by the Government to perform the of the Industrial Safety Techniques and function of specialized inspection may: Environment Agency, the director of the a/ Impose caution; Vietnam Railway Administration, the director b/ Impose fines of up to the maximum fine of the Vietnam Inland Waterway levels applicable to the relevant fields specified Administration, the director of the Vietnam in Article 24 of this Law; Maritime Administration, the director of the Civil Aviation Administration of Vietnam, the c/ Deprive of the right to use licenses or director of the Vietnam Agency for Radiation practice certificates for a definite term or and Nuclear Safety, the director of the suspend operation for a definite time; Department of Animal Health, the director of d/ Confiscate administrative violation the Plant Protection Department, the director material evidences and means; of the Cultivation Department, the director of e/ Apply the remedial measures specified in the Husbandry Department, the director of the Cause I, Article 28 of this Law. National Agro-Forestry-Fisheries Quality Assurance Department, the director of the 5. Heads of ministerial-level specialized Issue nos 06-10/August 2012 49 (Gong BS nos 479-480/August 6, 20)2) inspection teams have the sanctioning material evidences and means of a value not competence provided in Clause 3 of this Article. exceeding the fine level specified at Point b of this Clause. Heads of specialized inspection teams of provincial-level departments and of state e/ Apply the remedial measures specified at management agencies assigned to perform the Points a, b, c, e, i and j, Clause 1, Article 28 of function of specialized inspection have the this Law. sanctioning competence provided in Clause 2 of this Article. Article 48. Competence of people's courts 1. Judges who preside over court hearings

Article 47. Competence of seaport may: authorities, airport authorities, inland waterway port authorities a/ Impose caution; 1. Chief representatives of seaport b/ Impose fines of up to VND 1,000,000; authorities, airport authorities and inland c/ Confiscate administrative violation waterway port authorities may: material evidences and means of a value not a/ Impose caution; exceeding the fine level specified at Point b of this Clause. b/ Impose fines of up to VND 10,000,000; c/ Confiscate administrative violation 2. Judges assigned to settle cases of material evidences and means of a value not bankruptcy may: exceeding the fine level specified at Point b of a/ Impose caution; this Clause. b/ Impose fines of up to VND 5,000,000; 2. Directors of seaport authorities, airport c/ Confiscate administrative violation authorities and inland waterway port authorities material evidences and means of a value not of the Vietnam Inland Waterway Administration exceeding the fine level specified at Point b of may: this Clause; a/ Impose caution; d/ Apply the remedial measures specified at b/ Impose fines of up to VND 25,000,000; Points a, i and j, Clause 1, Article 28 of this c/ Deprive of the right to use licenses or Law. practice certificates for a definite term or 3. Presidents of district-level people's courts, suspend operation for a definite time; chief judges of specialized tribunals of d/ Confiscate administrative violation provincial-level people's courts and presidents 50 Issue nos 06-10/August 2012 (COng BA° nos 479480/Augusl 6, 2012) of regional military courts may: Sub-Departments may: a/ Impose caution; a/ Impose caution; b/ Impose fines of up to VND 7,500,000; b/ Impose fines of up to VND 2,500,000; c/ Confiscate administrative violation c/ Confiscate administrative violation material evidences and means of a value not material evidences and means of a value not exceeding the fine level specified at Point b of exceeding the fine level specified at Point b of this Clause. this Clause; 4. Presidents of provincial-level people's &Apply the remedial measures specified at courts, presidents of military courts of military Points a, i and j, Clause 1, Article 28 of this zones or equivalent areas, the chief judge of the Law. Appellate Court of the Supreme People's Court 3. Civil judgment enforcers who are heads and the chief judges of specialized tribunals of of teams for management and liquidation of the Supreme People's Court may: property of bankruptcy cases may: a/ Impose caution; a/ Impose caution; b/ Impose fines of up to the maximum fine b/ Impose fines of up to VND 5,000,000; levels applicable to the relevant fields specified c/ Apply the remedial measures specified at in Article 24 of this Law; Points a, i and j, Clause I, Article 28 of this c/ Confiscate administrative violation Law. material evidences and means; 4. Directors of provincial-level Civil &Apply the remedial measures specified at Judgment Enforcement Departments and heads Points a, i and j, Clause 1, Article 28 of this of civil judgment enforcement sections of Law. military zones may:

Article 49. Competence of civil judgment a/ Impose caution; enforcement agencies b/ Impose fines of up to VND 20,000,000; 1. Civil judgment enforcers who are on duty c/ Confiscate administrative violation may: material evidences and means of a value not exceeding the fine level specified at Point b of a/ Impose caution; this Clause; b/ Impose fines of up to VND 500,000. d/ Apply the remedial measures specified at 2. Directors of Civil Judgment Enforcement Points a, i and j, Clause I, Article 28 of this Issue nos 06-10/August 2012 51 (Cling Bao iws 479-480/August 6, 2012) Law. Article 51. Competence of diplomatic missions, consular offices and other agencies 5. The director of the General Department authorized to perform the consular function of of Civil Judgment Enforcement may: the Socialist Republic of Vietnam overseas a/ Impose caution; Heads of diplomatic missions, consular b/ Impose fines of up to the maximum fine offices and other agencies authorized to perform level applicable to the field of civil judgment the consular function of the Socialist Republic enforcement specified in Article 24 of this Law; of Vietnam overseas may: c/ Confiscate administrative violation 1. Impose caution; material evidences and means; 2. Impose fines of up to the maximum fine d/ Apply the remedial measures specified at levels applicable to the relevant fields specified Points a, i and j, Clause 1, Article 28 of this Law. in Article 24 of this Law; 3. Confiscate administrative violation

Article 50. Competence of the Department material evidences and means; of Overseas Labor 4. Apply the remedial measures specified at The director of the Department of Overseas Points a, i and j, Clause 1, Article 28 of this Labor may: Law. 1. Impose caution;

Article 52. Principles of determination and 2. Impose fines of up to the maximum fine division of competence to sanction level applicable to the field of management of administrative violations and apply remedial overseas labor specified in Article 24 of this measures Law; 1. Competence of the persons defined in 3. Confiscate administrative violation Articles 38 thru 51 of this Law to sanction material evidences and means; administrative violations is the competence over 4. Deprive of the right to use licenses for a an administrative violation of individuals; in definite term or suspend operation for a definite case of imposition of fines, the competence to time; sanction organizations is twice higher than the 5. Apply the remedial measures specified at competence to sanction individuals and is Points a, i and j, Clause 1, Article 28 of this determined in a percentage specified in this Law Law. for such persons. 52 Issue nos 06-10/August 2012 Ping Bac) nos 479480/August 6, 2012) In case of imposition of fines for a/ If the sanctioning forms and levels for, administrative violations committed in inner value of confiscated material evidences and cities in the fields specified in the second means of, and remedial measure(s) prescribed paragraph, Clause 1, Article 23 of this Law, the for all administrative violations fall under the persons competent to impose fines for competence of the sanctioning person, such administrative violations as defined by the person is competent to sanction these violations; Government also have the competence to b/ If the sanctioning form and level for, value impose higher fines for administrative of confiscated material evidences and means of, violations committed in inner cities as defined and remedial measure(s) prescribed for any of by People's Councils of centrally run cities. such administrative violations fall beyond the 2. The competence to impose fines specified competence of the sanctioning person, such in Cause 1 of this Article shall be determined person shall transfer the case of violation to an based on the maximum fine level prescribed for authority with sanctioning competence; each specific violation. c/ If a violation falls under the administrative sanctioning competence of many persons in 3. Chairpersons of People's Committees at different sectors, the chairperson of the People's all levels are competent to sanction Committee at the competent level of the locality administrative violations in the fields of state where the violation is committed is competent management in their localities. to sanction it. Persons competent to sanction administrative violations defined in Articles 39 Article 53. Changes in titles of post holders thru 51 of this Law are competent to sanction competent to sanction administrative violations administrative violations in the fields or sectors In case post holders competent to sanction under their management. administrative violations defined in this Law For an administrative violation falling under have their titles changed, they still have the the sanctioning competence of many persons, sanctioning competence. the sanctioning of such administrative violation shall be conducted by the person who first Article 54. Empowerment for sanctioning accepts the case of violation. I. Persons competent to sanction 4. In case of sanctioning a person who administrative violations defined in Article 38; commits many administrative violations, the Clauses 2, 3, 4, 5, 6 and 7, Article 39; Causes sanctioning competence shall be determined 2, 3 and 4, Article 40; Causes 3, 4, 5, 6 and 7, according to the following principles: Article 41; Clauses 2, 3, 4 and 5, Article 42: Issue nos06-10/Aumt 2_ 012 53 (Gang Bac, nos 479480/August 6, 2012) Clauses 2, 3, 4 and 5, Article 43; Clauses 2, 3, who are on duty to in-progress administrative 4 and 5, Article 44; Clauses 2, 3 and 4, Article violations in order to immediately stop such 45; Clauses 2, 3 and 4, Article 46; Article 47; violations. Orders for forcible stopping of Clauses 3 and 4, Article 48; Clauses 2,4 and 5, administrative violations may be given in

Article 49; and Articles 50 and 51 of this Law spoken or written words, by whistle, through may empower their deputies to sanction sign commands or otherwise in accordance with administrative violations. law. 2. The empowerment for sanctioning Article 56. Sanctioning of administrative administrative violations may be effected on a violations without written record regular or case-by-case basis and must be 1. The sanctioning of administrative expressed in writing, clearly defining the scope, violations without written record shall be contents and duration of empowerment. applied in case of imposition of caution or a 3. Deputies empowered to sanction fine of up to VND 250,000 on individuals or adminis-trative violations shall take VND 500,000 on organizations, provided that responsibility for their decisions on persons with sanctioning competence issue sanctioning administrative violations before decisions on on-the-spot sanctioning of their superiors and law. Empowered persons administrative violations. may neither further empower nor authorize any For administrative violations detected other persons. through the use of technical and professional means and equipment, written records thereof Chapter III must be made. SANCTIONING PROCEDURES, 2. A decision on on-the-spot sanctioning of EXECUTION OF SANCTIONING an administrative violation must clearly state DECISIONS AND ENFORCEMENT OF the date of issuance; the full name and address SANCTIONING DECISIONS of the individual violator or the name and Section address of the institutional violator; the violation; the location where the violation is SANCTIONING PROCEDURES committed; evidences and circumstances related to the handling of the violation; the full

Article 55. Forcible stopping of name and position of the issuing person; and administrative violations article(s) and clause(s) of the applicable legal Forcible stopping of administrative document(s). In case of imposition of a fine, violations shall be applied by competent persons such a decision must specify the fine level. 54 Issue nos 06-10/August 2012 (Gong Bao nos 479480/August 6, 2012)

Article 57. Sanctioning of administrative commanders, shipmasters or trainmasters shall violations with written records and sanctioning organize the making of written records and dossiers promptly hand them to persons competent to sanction administrative violations upon the 1. The sanctioning of administrative arrival of the airplanes, seagoing ships or trains violations with written records shall be applied at airports, seaports or railway stations. to administrative violations of violators not falling into the cases specified in the first 2. A written record of an administrative paragraph, Clause 1, Article 56 of this Law. violation must clearly state the date and place of making; the full name and position of the 2. For the sanctioning of administrative maker; the full name, address and occupation violations with written records, persons with of the individual violator or the name and sanctioning competence shall make sanctioning address of the institutional violator; time, date dossiers. Such a dossier must comprise the and location of the violation; the violation; the written record of the administrative violation, measure(s) applied to stop the violation and sanctioning decision and relevant documents assure the handling; the state of temporarily and papers, and be marked with signs for filing. seized material evidences and means; Sanctioning dossiers shall be archived in statements of the individual violator or the accordance with the law on archive. representative of the institutional violator; full names, addresses and statements of witness(es)

Article 58. Making of written records of and individual victim(s) or representative(s) of administrative violations institutional victim(s) Of any); the right of the individual violator or the representative of the I. Upon detecting administrative violations institutional violator to make and time limit for in the fields under their respective management, making explanations about the administrative competent persons who are on duty shall violation; and the agency receiving promptly make written records thereof, except explanations. cases of sanctioning without written records In case the individual violator or the specified in Clause 1, Article 56 of this Law. representative of the institutional violator is For administrative violations detected absent from the location of the violation or through the use of technical or professional intentionally shirks to sign the written record means and equipment, written records shall be or is unable to sign it for an objective reason, made immediately when violators are identified. the written record must contain the signature For administrative violations committed on of the representative of the local administration airplanes, seagoing ships or trains, airplane of the location where the violation is committed Issue nos 06-10/August 2012 55 (Cong Bao nos 479 480/August 6, 2012) or signatures of two witnesses. issuing a decision to sanction an administrative violation, shall verify the following 3. A written record of an administrative circumstances: violation must be made in at least 2 copies and signed by its maker and the individual violator a/ Whether or not there is an administrative or the representative of the institutional violator; violation; in case the violator cannot sign, his/her b/ The individual or organization that fingerprint is required; if there are witness(es), commits the administrative violation, fault, individual victim(s) or representatives of personal records of the individual violator; institutional victim(s), they shall all sign the written record; in case the written record c/ Extenuating circumstances, aggravating consists of many pages, the persons specified circumstances; in this Clause shall sign every page. If the d/ Nature and extent of the damage caused individual violator or the representative of the by the administrative violation; institutional violator, witness(es), individual e/ Cases in which he/she does not issue a victim(s) or representatives of institutional decision to sanction the administrative victim(s) refuse to sign, the record maker shall violation as specified in Clause 1, Article 65 clearly write the reason(s) in the written record. of this Law; Upon completion, a copy of the written f/ Other circumstances which are significant record of an administrative violation must be for the consideration of and decision on handed to the violator. For administrative sanctioning. violations not falling under or falling beyond the sanctioning competence of the persons who In the course of consideration and issuance make their written records, such records must of a sanctioning decision, a person with be forwarded to persons with sanctioning sanctioning competence may solicit expertise. competence for sanctioning the administrative The expertise solicitation must comply with the violations. law on expertise. In case administrative violators are minors, 2. The verification of circumstances of written records of their violations must also be administrative violations must be presented in sent to their parents or guardians. writing.

Article 59. Verification of circumstances of

Article 60. Determination of value of administrative violations administrative violation material evidences for 1. In case of necessity, a person with use as a basis for determination of fine frames sanctioning competence, when considering and sanctioning competence - 1ralft;,1, s Zit At <sr. 56 Issue nos 06-10/August 2012 (Gong Bao nos 479480/August 6, 2012) I. In case of necessity to determine the value temporary seizure of such evidences and set up of administrative violation material evidences valuation councils. A valuation council is for use as a basis for determination of fine composed of the person issuing the decision on frames and sanctioning competence, competent temporary seizure of administrative violation persons who are settling cases of violation shall material evidences as its chairman, and valuate such material evidences and take representatives of the same-level finance agency responsibility for the valuation. and related professional agencies as its members. 2. Depending on specific categories of material evidence, the valuation must be based The duration of temporary seizure of on different grounds in the following order of material evidences for valuation is 24 hours priority: after the issuance of the decision on temporary seizure. In case of particular necessity, this a/ Posted prices or prices quoted in sale and duration may be prolonged but must not exceed purchase contracts or invoices or import another 24 hours. All expenses related to the declarations; temporary seizure and valuation and damage b/ Prices notified by local finance agencies; caused by the temporary seizure shall be borne in case there is no price notice, local market by agencies of persons competent to issue prices at the time of commission of decisions on temporary seizure. The procedures administrative violations must be used; for and written records of temporary seizure comply with Clauses 5 and 9, Article 125 of c/ Cost prices of material evidences, for this Law. goods not yet marketed; d/ For material evidences being counterfeit 4. The grounds for and documents related goods, market prices of genuine goods or goods to the valuation of administrative violation with the same properties, technical material evidences must be stated in specifications or utilities in the locations where administrative violation sanctioning dossiers. administrative violations are detected.

Article 61. Explanations 3. In case it is impossible to apply the grounds specified in Clause 2 of this Article to 1. For administrative violations which are determine the value of administrative violation prescribed by law to be subject to the sanction material evidences for use a basis for of deprivation of the right to use licenses or determination of fine frames and sanctioning practice certificates for a definite term or competence, competent persons who are settling suspension of operation for a definite time or cases of violation may issue decisions on subject to a fine frame prescribed for such Issue nos 06-10/Aueust 2012 57 (Gong Bao nos 479-480/August 6, 20)2) violations with the maximum level of VND notify in writing violators of the time and place 15,000,000 or more for individuals or VND for giving verbal explanations within 5 days 30,000,000 for organizations, violators may after receiving the latter's request. give verbal or written explanations to persons Persons with sanctioning competence shall competent to sanction their administrative organize sessions for verbal explanations at violations. Persons with sanctioning which they shall state the legal grounds and competence shall take into account circumstances as well as evidences related to explanations of administrative violators before administrative violations, sanctions and issuing sanctioning decisions, unless violators remedial measures expected to be imposed or do not wish to give explanations within the applied for administrative violations. time limit specified in Clauses 2 and 3 of this Administrative violators and their lawful Article. representatives may attend explanation sessions and give opinions and evidences to protect their 2. In case of giving written explanations, rights and legitimate interests. administrative violators shall send written explanations to persons competent to sanction Verbal explanations shall be recorded in their administrative violations within 5 days writing with the signatures of involved parties. after written records of these violations are In case a written record consists of many pages, made. involved parties shall sign every page. Such a written record shall be included in the For a case of violation involving many administrative violation sanctioning dossier and complicated circumstances, the competent one copy thereof shall be handed to the violator person may, at the request of the violator, or his/her/its lawful representative. prolong the time limit for giving explanations for another 5 days. Article 62. Transfer of case files of Administrative violators may give by violations showing signs of crime for themselves or authorize their lawful examination for penal liability representatives to give written explanations. I. When considering a case of administrative 3. In case of giving verbal explanations, violation for sanctioning decision, if a person administrative violators shall send written with sanctioning competence finds that the requests for doing so to persons competent to administrative violation shows signs of crime, sanction administrative violations within 2 he/she shall promptly transfer the violation working days after written records of their case file to a criminal procedure-conducting administrative violations are made. agency. Persons with sanctioning competence shall 2. In the course of executing a decision to 58 Issue nos 06-10/August 2012 (Cong Bao nos 479480/August 6, 20/2) sanction an administrative violation, if finding procedure-conducting agency. that such violation shows signs of crime and 4. The transfer of case files of violations the statute of limitations for penal liability showing signs of crime for penal liability examination has not expired, the person who examination must be notified in writing to has issued the sanctioning decision shall issue individual violators. a decision to suspend the execution of the sanctioning decision and, within 3 days after Article 63. Transfer of case files of deciding on the suspension, transfer the violations for administrative sanctioning violation case file to a criminal procedure- conducting agency. In case the sanctioning 1. For cases accepted for settlement by decision has been completely executed, the criminal procedure-conducting agencies for person who has issued such decision shall which decisions not to institute criminal cases, transfer the violation case file to a criminal decisions to cancel decisions to institute procedure-conducting agency. criminal cases, decisions to stop investigation or decisions to stop criminal cases are issued 3. Within the time limit specified by the later, if acts of violation show signs of criminal procedure law, the criminal procedure- administrative violation, these agencies shall, conducting agency shall consider and make within 3 days after issuing these decisions, conclusions on the case and notify in writing transfer such decisions together with the case settlement results to the competent person who files, material evidences and means of the has transferred the case file. In case of not violations to persons competent to sanction instituting a criminal case, this agency shall, administrative violations and request the latter within 3 days after issuing a decision not to to administratively sanction these violations. institute a criminal case, return the case file to the competent person who has transferred the 2. The sanctioning of administrative case file. violations must be based on violation case files In the case specified in Clause 2 of this transferred by criminal procedure-conducting Article, if the criminal procedure-conducting agencies. agency issues a decision to institute a criminal In case of necessity, persons with sanctioning case, the person competent to sanction competence shall verify additional administrative violations shall cancel the circumstances for use as a basis for issuing sanctioning decision and transfer all sanctioning decisions. administrative violation material evidences and means and documents related to the execution 3. The time limit for issuing a decision to of the sanctioning decision to the criminal sanction an administrative violation is 30 days :SE< 7t,,litTI:11rairSIniff: ittti..1", Issue nos 06-10/August 2012 59 (Cong Bao nos 479480/August 6, 2012) after receiving any of the decisions specified in and regulations promulgated by competent Clause 1 of this Article together with the agencies. violation case file. In case of necessity to verify 3. The Government shall stipulate the additional circumstances as stated in Cause 2 management, use and lists of technical and of this Article, this time limit is 45 days. professional means and equipment which can be used for detecting administrative violations.

Article 64. Use of technical and professional means and equipment for detecting Article 65. Cases in which no decision to administrative violations sanction an administrative violation is issued 1. Agencies and persons competent to 1. No decision to sanction an administrative sanction administrative violations may use violation shall be issued in the following cases: technical and professional means and a/ The cases specified in Article 11 of this equipment for detecting administrative Law; violations in the fields of traffic order and safety and environment& protection. b/ The administrative violator is unidentifiable; 2. The management and use of technical and c/ The statute of limitations for sanctioning professional means and equipment and drawing an administrative violation specified in Article up of a list thereof must adhere to the following 6 or the time limit for issuing a sanctioning principles: decision specified in Clause 3, Article 63 or a/ Respect for the freedom, honor, dignity Clause 1, Article 66 of this Law that has and privacy secrets of citizens, other rights and expired; legitimate interests of individuals and d/ The individual administrative violator organizations; dies or is missing or the institutional b/ Strict observance of processes and rules administrative violator is dissolved or bankrupt on use of technical and professional means and while the issuance of a sanctioning decision equipment; is considered; c/ Information collected through technic& e/ The case file of the violation showing and profession& means and equipment must be signs of crime is transferred in accordance with recorded in writing and may only be used in Article 62 of this Law. sanctioning administrative violations; 2. For the cases specified at Points a, b, c d/ Technical and profession& means and and d, Clause 1 of this Article, a competent equipment must conform to technical standards person shall not issue a decision to sanction an 60 Issue nos 96-10/August 2012 (Gong BS nos 479480/August 6, 2012) administrative violation but may issue a for time limit prolongation. The time limit decision to confiscate and forfeit into the state prolongation must be decided in writing and budget or destroy administrative violation must not exceed another 30 days. material evidences banned from circulation and 2. Past the time limit specified in Clause I apply a remedial measure(s) specified in Clause of this Article or Clause 3, Article 63 of this 1, Article 28 of this Law. Law, persons with sanctioning competence Such a decision must specify the reason(s) shall not issue a sanctioning decision but may for non-issuance of a sanctioning decision; still decide on the application of remedial material evidences to be confiscated or measures specified in Clause 1, Article 28 of destroyed; remedial measure(s) to be applied, this Law or on confiscation and forfeiture into and the responsibility and time limit for the state budget or destruction of administrative execution. violation material evidences which are banned from circulation.

Article 66. Time limit for issuing a decision to sanction an administrative violation Persons competent to sanction administrative violations who fail to issue 1. A person competent to sanction sanctioning decisions within the prescribed time administrative violations shall issue a decision limit due to their fault shall be handled in to sanction an administrative violation within accordance with law. 7 days after making a written record of the administrative violation. For a case involving Article 67. Issuance of decisions to sanction many complicated circumstances but ineligible administrative violations for explanation or a case eligible for explanation as specified in Clauses 2 and 3, Article 61 of 1. For an individual or organization that this Law, the time limit for issuing a sanctioning commits many administrative violations and is decision is 30 days after the written record of sanctioned only once, only one sanctioning the violation is made. decision must be issued, stating the sanctioning forms and levels for each of the administrative For a particularly serious case involving violations. many complicated circumstances and eligible for explanation as specified in the second 2. For many individuals or organizations that paragraph, Clause 2 or Clause 3, Article 61 of jointly commit an administrative violation, one this Law and for which more time is needed for or more than one sanctioning decision may be verification and collection of evidences, the issued to determine the sanctioning form and competent person who is handling the case shall level to be imposed on each individual or report such in writing to his/her direct superior organization. v '1"t 449 ' ttm- Issue nos 06-10/August 2012 61 (Gong Bac) nos 479480/August 6, 2012) 3. For many individuals or organizations that h/ Principal sanction, additional sanctions commit different administrative violations in the and remedial measures (if any); same case of violation, one or more than one i/ Right to lodge a complaint or initiate a sanctioning decisions may be issued to lawsuit about the sanctioning decision; determine the sanctioning form and level to be j/ Effect, time limit and place of execution imposed on each individual or organization for of the decision, and place of fine payment; each violation. k/ Full name and signature of the issuer; 4. A sanctioning decision takes effect on the date of its signing, unless it states another I/ Responsibility to execute the decision and effective date. enforcement in case the administratively sanctioning individual or organization fails to

Article 68. Contents oftlecisions to sanction voluntarily execute the decision. administrative violations 2. The time limit for execution of a I. A decision to sanction an administrative sanctioning decision is 10 days after it is violation must have the following principal received. In case a sanctioning decision states contents: a time limit of more than 10 days, the decision must be executed within such time limit. a/ Place and date of issuance; 3. In case of issuance of a common decision b/ Legal ground(s) for issuance; to administratively sanction many individuals c/ Written record of the administrative or organizations that jointly commit an violation, results of verification, written administrative violation or many individuals or explanations of the violator or minutes of the organizations that commit different meeting for explanations, and other documents administrative violations in the same case of (if any); violation, the acts of violation, sanctioning form d/ Full name and position of the issuer; and level to be imposed on each individual or organization must be specified. e/ Full name, address and occupation of the individual violator or name and address of the Section 2 institutional violator; EXECUTION OF DECISIONS TO f/ Administrative violation; extenuating SANCTION ADMINISTRATIVE circumstances and aggravating circumstances; VIOLATIONS g/ Applicable articles and clauses of legal documents; Article 69. Execution of sanctioning 62 Issue nos 06-10/August 2012 (Gong Bao nos 479480/August 6, 2012) decisions without written record In case a sanctioning decision is handed directly to the sanctioned violator but the latter 1. One copy of the decision to sanction an intentionally refuses to receive, the competent administrative violation without written record person shall make a written record of the refusal shall be handed to the sanctioned individual or and have it certified by the local administration. organization. For a minor subject to the sanction In this case, this decision is regarded as having of caution, the sanctioning decision shall also been handed. be sent to his/her parents or guardian. In case a sanctioning decision is sent by post 2. Violators shall pay fines on the spot to as registered mail, if the sanctioned violator persons with sanctioning competence. Fine intentionally refuses to receive this decision collectors shall hand fine receipts to fine payers within 10 days after it is sent and returned for and remit collected fine amounts directly into the third time, it shall be posted up at the place the State Treasury or into the State Treasury's of residence of the sanctioned individual or the account within 2 working days after the office of the sanctioned organization. In case collection of fines. there is a ground to believe that the violator In case violators are unable to pay fines on shirks receiving the sanctioning decision, this the spot, they may pay fines at the State Treasury decision is regarded as having been handed. or into the State Treasury's account as indicated in the sanctioning decisions within the time Article 71. Transfer of sanctioning decisions limit specified in Clause 1, Article 78 of this for organization of execution Law. 1. In case an individual or organization commits an administrative violation in a

Article 70. Sending of decisions to sanction provincial-level locality but resides or locates administrative violations for execution its office in another provincial-level locality and Within 2 working days after issuing a has no conditions for executing the sanctioning decision to sanction an administrative violation decision at the place of sanctioning, the which is recorded in writing, a competent sanctioning decision shall be transferred to the person shall send it to the sanctioned individual counterpart agency in the locality where the or organization, fine-collecting agency and individual resides or the organization locates other related agencies (if any) for execution. its office for execution. In case the locality Sanctioning decisions must be handed where the individual resides or the organization directly or sent by post as registered mail and locates its office has no counterpart agency, the notified to sanctioned individuals or sanctioning decision shall be transferred to the organizations. district - level People's Committee for execution. Issue nos 06-10/August 2012 63 (COng Brio nos 479480/August 6, 2012) 2. In case an administrative violation is impacts, agencies of persons competent to committed in a district-level locality but the sanction administrative violations shall publicly individual violator resides or institutional notify the sanctioning. violator locates its office in another district-level 2. Contents to be publicly notified include locality of a difficult-to-access mountainous, violators, violations, sanctions and remedial island, remote or deep-lying province and the measures. violator has no conditions for executing the sanctioning decision at the place of sanctioning, 3. Public notifications shall be made on the the sanctioning decision shall be transferred to websites or newspapers of ministerial-level or the counterpart agency in the locality where the provincial department-level management individual resides or the organization locates agencies or provincial-level People's its office for execution. Committees of localities where administrative violations are committed. 3. Agencies competent to sanction administrative violations in the cases specified

Article 73. Execution of decisions to in Clauses 1 and 2 of this Article shall transfer sanction administrative violations all the case files and related papers; and administrative violation material evidences and 1. An individual or organization sanctioned means (if any) to agencies receiving sanctioning for an administrative violation shall abide by decisions for execution in accordance with this the sanctioning decision within 10 days after Law. Violators shall pay expenses for receiving such decision. In case the sanctioning transportation of administrative violation case decision specifies an execution time limit of files, material evidences and means. more than 10 days, the decision must be executed within such time limit.

Article 72. Public notification of the sanctioning of administrative violators in the Sanctioned individuals or organizations mass media that lodge complaints or initiate lawsuits about their sanctioning decisions shall still abide by 1. For administrative violations in the fields such decisions, except the case specified in of food safety; product and goods quality; Clause 3, Article 15 of this Law. Their pharmaceuticals; medical examination and complaints and lawsuits shall be settled in treatment; construction; social insurance; health accordance with law. insurance; environmental protection; taxation; securities; intellectual property; metrology; 2. Persons with sanctioning competence who counterfeit goods production and trading which have issued sanctioning decisions shall monitor cause serious consequences or bad social and inspect the abidance of sanctioninF 64 Issue nos 06-10/Au2ust 2012 ping Rao nos 479480/August 6, 2012) decisions by sanctioned individuals or sanctioned organizations are dissolved or organizations and notify results of complete bankrupt execution of such decisions to the Ministry of In case a sanctioned individual is dead or Justice's agency managing the database on missing or a sanctioned organization is handling of administrative violations and local dissolved or bankrupt, the decision on judicial agencies. imposition of fine must not be executed but the sanction of confiscation of administrative

Article 74. Statute of limitations for violation material evidences or means and execution of decisions to sanction remedial measure(s) stated in the sanctioning administrative violations decision must still be executed. 1. The statute of limitations for execution of The Government shall detail this Article. a decision to sanction an administrative violation is 1 year after the issuance of such Article 76. Postponement of execution of decision. Upon the expiration of this statute of decisions on imposition of fine limitations, the decision must not be executed, 1. A decision on imposition of fine may be except the case the decision contains the postponed from execution in case the individual sanction of confiscation of administrative subject to a fine of VND 3,000,000 or more violation material evidences and means or encounters a special or unexpected economic application of remedial measure(s) in which difficulty due to a natural calamity, disaster, fire, material evidences and means banned from epidemic, dangerous illness or accident as circulation must be confiscated or necessary certified by the commune-level People's remedial measures must be applied to protect Committee of the locality where he/she resides the environment and assure uninterrupted by the agency or organization where he/she traffic, construction, security or social order and studies or works. safety. 2. Individuals shall send written requests for 2. In case sanctioned individuals or postponement of execution of sanctioning organizations intentionally shirk or delay the decisions to agencies of persons who have execution, the above statute of limitations must issued such decisions. Within 5 days after be counted from the time when the act of receiving a written request, the person who has shirking or delaying the execution stops. issued the sanctioning decision shall consider

Article 75. Execution of decisions to and decide to postpone the execution of such sanction administrative violations in case decision. sanctioned individuals are dead or missing or The duration of postponement of execution Issue nos 06-10/AumU012 65 (COng Sao nos 479-480/August 6, 2012) of a sanctioning decision must not exceed 3 People's Committees have issued sanctioning months, counting from the date of issuance of decisions, these provincial-level People's the postponement decision. Committees shall consider and decide on fine reduction or exemption. 3. Individuals who enjoy postponement of execution of sanctioning decisions may receive 3. Individuals entitled to fine reduction or back administrative violation papers, material exemption may receive back papers, material evidences and means which are temporarily evidences and means which are temporarily seized in accordance with Clause 6, Article 125 seized in accordance with Clause 6, Article 125 of this Law. of this Law.

Article 77. Fine reduction or exemption Article 78. Procedures for payment of fines 1.Individuals who fall into the case specified 1. Within 10 days after receiving a in Clause I, Article 76 of this Law and are sanctioning decision, the sanctioned individual unable to execute sanctioning decisions may be or organization shall pay the tine at the State considered for reduction of or exemption from Treasury or into the State Treasury's account remaining fine amounts stated in such decisions. indicated in the sanctioning decision, unless he/ she/it has paid the fine in accordance with 2. Individuals mentioned in Clause 1 of this Clauses 2 or 3 of this Article. Past this time limit, Article shall send written requests for reduction he/she/it shall be forced to execute the of or exemption from remaining or whole fine sanctioning decision and additionally pay amounts to persons who have issued sanctioning 0.05% of the total unpaid fine amount for each decisions. Within 3 days after receiving a day of delayed payment. written request, the person who has issued the sanctioning decision shall transfer such request 2. In difficult-to-access deep-lying, remote, enclosed with the case file to his/her direct border or mountainous areas, sanctioned superior. Within 5 days after receiving a written individuals or organizations may pay fines to request, the direct superior shall consider, persons with sanctioning competence, who shall decide and notify the fine reduction or collect fines on the spot and remit collected fine exemption to the person who has issued the amounts at the State Treasury or into the State sanctioning decision and the requester. If Treasury's account within 7 days after the date disapproving the fine reduction or exemption, of fine collection. he/she shall clearly state the reason for In case the sanctioning is conducted at sea disapproval. or outside administrative working hours, In case chairpersons of provincial-level persons with sanctioning competence may 66 Issue nos 06-10/August 2012 (Cling BS 'WS 479480/August 6, 2012) directly collect fines and remit collected fine maximum 3 installments. on,niintt .]t th Crott. L.u.a at y ttlIIVU111.3 Llt WI., .3 Lan-. It :nrn thn etntn VI IIILV The first installment of fine payment must Treasury's account within 2 working days after be at least equal to 40% of the total fine the date of landing or the date of fine collection. amount. 3. Administrative violators that are fined 3. Persons who have issued decisions on shall pay their fines in lump sum, except the imposition of fine may decide on the payment cases specified in Article 79 of this Law. of fines in installments. Decisions to allow In all cases of fine collection, fine collectors payment of fines in installments must be in shall hand fine receipts to fine payers. writing. 4. The Government shall detail this Article.

Article 80. Procedures for deprivation of the right to use licenses or practice certificates for

Article 79. Payment of fines in installments a definite time or suspension of operation for a 1.A fine payer may pay a fine in installments definite time when fully satisfying the following conditions: 1. In case the deprivation of the right to use a/ He/she is imposed a fine of VND licenses or practice certificates for a definite 20,000,000 or more, for individuals, or it is time is stated in the sanctioning decisions, imposed a fine of VND 200,000,000 or more, persons with sanctioning competence shall for organizations; recover and preserve licenses or practice b/ He/she/it is encountering a special certificates and promptly notify such to agencies economic difficulty and files a written request that have granted such licenses or practice for payment of the fine in installments. A written certificates. Upon the expiration of the duration request of an individual must have certification of deprivation stated in the sanctioning by the commune-level People's Committee of decisions, persons with sanctioning competence the locality where he/she resides or the agency shall return licenses or practice certificates to or organization where he/she studies or works individuals or organizations that have been of his/her special economic difficulty. A written deprived of the right to use such licenses or request of an organization must be certified by certificates. the tax office directly managing it or its direct 2. In case of suspension of operation for a superior agency or organization. definite time, violators shall immediately stop 2. The time limit for payment of a fine in part or the whole of their production, business installments is 6 months after the sanctioning or service operations or other operations as decision takes effect. A fine may be paid in stated in sanctioning decisions. Lssuet st2012 67 (Cling Bac) nos 479480/August 6, 2012) 3. In the duration of deprivation of the right with sanctioning competence shall make written to use licenses or practice licenses or suspension records of confiscation. A written record must of operation for a definite time, production, clearly state names, quantities, categories, business or service establishments may not registration numbers (if any), state and quality conduct operations stated in sanctioning of confiscated objects, money, goods and means decisions. involved in an administrative violation, and bear the signatures of the confiscator, the sanctioned 4. In the cases specified in Clauses 1 and 2 individual or the representative of the of this Article, if production, business or service sanctioned organization and the witness. In case establishments are highly likely to cause harms the sanctioned individual or the representative to human life or health or the environment, of the sanctioned organization is absent, competent persons shall notify in writing the signatures of two witnesses are required. For deprivation of licenses or practice certificates administrative violation material evidences and or suspension of operation for a definite time means which need to be sealed, the sealing must to related agencies. be promptly made in the presence of the 5. Upon detecting that licenses or practice sanctioned individual or the representative of certificates have been granted ultra vires or the sanctioned organization or the witness and contain unlawful details, persons with recorded in writing. sanctioning competence shall promptly recover If persons with sanctioning competence find such licenses or practice certificates according any change in the state of temporarily seized to their competence and concurrently notify administrative violation material evidences and such in writing to agencies that have granted means as compared to the time of issuance of such licenses or practice certificates. In case temporary seizure decisions, they shall make such licenses or practice certificates fall beyond written records of such change. Such a written their recovering competence, persons with record must bear the signatures of its maker, sanctioning competence shall report to person responsible for temporary seizure and a competent agencies for handling. witness.

Article 81. Procedures for confiscation of 2. Confiscated administrative violation administrative violation material evidences and material evidences and means must be managed means and preserved under the Government's regulations. 1. Upon confiscating administrative violation material evidences and means in Article 82. Handling of confiscated accordance with Article 26 of this Law, persons administrative violation material evidences and 68 Issue nos 06-10/Au2ust 2012 (COng Bao nos 479-480/August 6. 2012) means material evidences and means other than those specified at Points a, b, c and d of this Clause, 1. Confiscated administrative violation professional auctioning organizations in material evidences and means must be handled provinces or centrally run cities where as follows: violations are committed must be hired to a/ Administrative violation material auction these evidences and means. If no evidences which are Vietnamese currency, auctioning organization can be hired, an auction foreign currencies, valuable certificates, gold, council shall be set up. silver, gems or precious metals must be remitted The auction of confiscated administrative into the state budget; violation material evidences and means b/ Papers and documents related to complies with the law on auction; administrative violation material evidences and f/ For confiscated administrative violation means must be transferred to agencies assigned material evidences and means which are no to manage and use property defined at Point d longer usable or cannot be auctioned, agencies of this Clause; of persons competent to issue confiscation c/ Administrative violation material decisions shall set up a handling council which evidences and means which are drugs, weapons, is composed of representatives of state agencies explosive materials, supporting tools, objects concerned. The handling of confiscated of historical or cultural value, national treasures, administrative violation material evidences and antiques, precious and rare forest products, means must be recorded in writing with the objects banned from circulation and other signatures of all handling council members. The property must be transferred to specialized state handling method, order and procedures comply management agencies for management and with the law on management and use of state handling in accordance with law; property. d/ Administrative violation material 2. Procedures for handling confiscated • • • • • . , . . • material evidences and means for which competent administrative violation evidences and• authorities have issued decisions on transfer to means specified in Clause 1 of this Article are state agencies for management and use, must as follows: be transferred by agencies that have issued a/ For the cases specified at Points a. b, c confiscation decisions in coordination with and d, Clause 1 of this Article, confiscation- finance agencies to these state agencies for deciding agencies shall make written records management and use; of the handover and transfer of material et For confiscated administrative violation evidences and means. The handover and receipt Issue nos 06-10/Aueust 2012 69 (Cling Bao nos 979480/August 6,2012) of administrative violation material evidences means, after being cleared against expenses, and means specified at Points a, b, c and d, charges and fee specified in this Clause in Clause 1 of this Article comply with the law on accordance with law, must be remitted into the management and use of state property; state budget. b/ For the case specified at Point e, Clause 1 of this Article, reserve prices of auctioned Article 83. Management of amounts property must be determined in accordance with collected from the sanctioning of administrative

Article 60 of this Law when transfer procedures violations, tine receipts and remittance papers are carried out. In case the determined value of 1. Amounts collected from the sanctioning confiscated administrative violation material of administrative violations include fines for evidences and means changes at the time of administrative violations; fines for delayed transfer, agencies that have issued confiscation execution of decisions on imposition of fine; decisions shall decide to set up a council for proceeds from the sale or liquidation of property valuation before carrying out confiscated administrative violation material procedures for transfer. The composition of such evidences and means, and other sums of money. valuation council complies with Clause 3,

Article 60 of this Law. 2. Amounts collected from the sanctioning of administrative violations must be wholly 3. Within 30 days after the issuance of a remitted into the state budget and managed and decision to confiscate administrative violation used in accordance with the law on the state material evidences and means, a competent budget. agency shall handle confiscated evidences and means in accordance with Clause I of this Fine receipts and remittance papers must be Article. Past this time limit, if failing to do so, managed in accordance with the Government's the competent agency shall bear responsibility regulations. before law.

Article 84. Procedures for expulsion 4. Warehousing charge, wharfage, charge for preservation of confiscated administrative I. Before being executed, expulsion violation material evidences and means, auction decisions must be notified to the Ministry of fee and other expenses prescribed by law shall Foreign Affairs, diplomatic missions or consular be cleared against proceeds from the auction of offices of countries of which expelled persons these evidences and means. are citizens or countries where expelled persons reside before going to Vietnam. Proceeds from the auction of confiscated administrative violation material evidences and 2. Competent police offices shall organize 70 Issue nos 06-10/August 2012 (Gong BS nos 479480/Angus! 6, 2012) the execution of expulsion decisions and of persons with sanctioning competence come application of measures to deter administrative from reserve budgets allocated to such agencies. violations and assure the handling thereof 5. In case of emergency where consequences specified in Chapter I, Part Four of this Law. should be promptly remedied in order to protect the environment and assure traffic, agencies of

Article 85. Execution of remedial measures persons with sanctioning competence who have 1.The time limit for execution of a remedial accepted and are examining administrative measure is that for execution of decisions on violation case files shall organize the execution sanctioning administrative violations or of remedial measures. Administrative violators decisions on application of remedial measures shall pay expenses for the execution of remedial specified at Point b, Clause 2, Article 28 of this measures to agencies that have executed such Law. measures or, in case they fail to pay such 2. Administrative violators shall execute expenses, be forced to do so. remedial measures stated in above decisions in accordance with law and bear all expenses for Section 3 the execution of such measures. ENFORCEMENT OF DECISIONS TO SANCTION ADMINISTRATIVE 3. Persons competent to issue above VIOLATIONS decisions shall monitor, urge and inspect the execution of remedial measures by violators.

Article 86. Enforcement of decisions to 4. In case administrative violators are sanction administrative violations unidentifiable as specified in Clause 2, Article 65 of this Law or individual violators are dead 1. Enforcement of decisions to sanction or institutional violators are dissolved or administrative violations shall be applied in case bankrupt without any organization taking over administrative violators fail to voluntarily their rights and obligations in accordance with execute these decisions in accordance with

Article 75 of this Law, agencies of persons with Article 73 of this Law. sanctioning competence who have accepted and 2. Coercive measures include: are examining administrative violation case files shall organize the execution of remedial a/ Withholding of part of salaries or incomes measures specified in Clause I, Article 28 of or deduction of money from accounts of this Law. violators; Funds for organizing the execution of b/ Distraint of property of a value equivalent remedial measures under decisions of agencies to the imposed fine for auction,. Issue nos 06-10/August 2012 71 (COng Rio nos 479480/August 6, 2012) c/ Collection of money or other property of Department for Investigation of Drug-Related entities subject to enforcement of sanctioning Crimes, the director of the Road and Railway decisions currently held by other individuals or Traffic Police Department, the director of the organizations in case violators intentionally Waterway Traffic Police Department, the disperse property after committing violations; director of the Police Department for Fire d/ Forcible execution of remedial measures Prevention and Fighting, Salvation and Rescue, specified in Clause 1, Article 28 of this Law. the director of the Immigration Management Department, the director of the Safeguard and 3. The Government shall specify the Judicial Assistance Police Department, the enforcement of decisions to sanction director of the Police Department for administrative violations. Environmental Crime Prevention and Combat, and the director of the Police Department for

Article 87. Competence to decide on Hi-Tech Crime Prevention and Combat; enforcement c/ Chiefs of border-guard stations, port 1. The following persons are competent to border-guard commanders, provincial-level issue enforcement decisions: border-guard commanders, commanders of a/ Chairpersons of People's Committees at border-guard ship fleets of the Border-Guard all levels; Command Post; commanders of marine police b/ Chiefs of police stations, chiefs of district- zones and the director of the Marine Police level police offices, directors of provincial-level Department; Fire Police Departments, directors of provincial- d/ Directors of district-level Customs level Police Departments, the director of the Departments, directors of provincial, inter- Internal Political Security Department, the provincial or municipal Customs Departments, director of the Economic Security Department, the director of the Post-Customs Clearance the director of the Cultural and Ideological Inspection Department, the director of the Anti- Security Department, the director of the Smuggling Investigation Department of the Information Security Department, the director General Department of Customs, and the of the Police Department for Administrative General Director of Customs; Management of Social Order, the director of e/ Directors of provincial-level Forest the Police Department for Investigation of Protection Offices and the director of the Forest Social Order-Related Crimes, the director of the Protection Department; Police Department for Investigation of Economic Management Order- and Position- f/ Directors of district-level Tax Related Crimes, the director of the Police Departments, directors of provincial-level Tax 72 Issue nos 06-10/August 2012 (COng Bao nos 479-480/August 6, 2012) Departments and the General Director of empowerment. Empowered deputies shall bear Taxation; responsibility for their decisions before their W Directors of provincial-level Market heads and law. Empowered persons may neither further empower nor authorize any Management Offices and the director of the other persons. Market Management Department; h/ The director of the Overseas Labor Article 88. Execution of enforcement Management Department; heads of diplomatic decisions missions, consular offices and other agencies authorized to perform the consular function of I. Persons issuing enforcement decisions Vietnam overseas; shall immediately send these decisions to related individuals and organizations and organize the i/ Other post holders defined in Clauses 2, 3 enforcement of their and their subordinates' and 4, Article 46 of this Law; sanctioning decisions. j/ Directors of seaport authorities, directors of internal waterway port authorities and 2. Individuals and organizations that receive directors of airport authorities; enforcement decisions shall strictly abide by these decisions and bear all expenses for the k/ Presidents of district-level people's courts, execution of coercive measures. presidents of provincial-level people's courts, presidents of regional limitary courts; presidents 3. Responsibilities of agencies and of limitary courts of limitary zones or equivalent organizations to coordinate with one another in level, chief judges of specialized tribunals of executing enforcement decisions: the Supreme People's Court; directors of a/ Related individuals and organizations district-level Civil Judgment Enforcement Sub- shall coordinate with persons competent to issue Departments, directors of provincial-level Civil enforcement decisions in applying measures to Judgment Enforcement Departments, heads of execute enforcement decisions; judgment enforcement sections of military zones, and the General Director of the General b/ The People's Police shall assure order and Department of Civil Judgment Enforcement. safety in the course of execution of enforcement decisions of chairpersons of People's 2. Persons competent to decide on enforcement specified in Clause I of this Committees at the same level or enforcement Article may empower their deputies. The decisions of other state agencies upon receiving empower-ment can only be made when heads requests; are absent and must be in writing, clearly c/ Credit institutions where individuals or stating the scope, contents and duration of organizations subject to enforcement open their Issue nos 06-10/Auzust 2012 73 (Gong Bao nos 479480/August 6, 2012) accounts shall keep in such accounts money and 6 months. amounts equal to those payable by such individuals or organizations at the request of Article 90. Persons subject to education in persons competent to issue enforcement commune, ward or township decisions. In case the balances of deposit 1. Persons who are between full 12 and under accounts are smaller than money amounts 14 years old and commit acts showing signs of payable by individuals or organizations subject very serious intentional crime prescribed in the to enforcement, credit institutions shall retain, Penal Code. deduct and transfer them. Within 5 working days before making deductions and transfers, 2. Persons who are between full 14 and under credit institutions shall notify individuals or 16 years old and commit acts showing signs of organizations subject to enforcement of the serious intentional crime prescribed in the Penal deduction and transfer. The deduction and Code. transfer do not require consent of such 3. Persons who are between full 14 and under individuals or organizations. 18 years old and commit for twice or more in 6 Part Three months an act of thievery, swindling, gambling or public order disturbance which is not serious APPLICATION OF ADMINISTRATIVE enough for penal liability examination. HANDLING MEASURES 4. Drug addicts who are full 18 years or older Chapter I and have stable places of residence. ADMINISTRATIVE HANDLING 5. Persons who are full 18 years or older and MEASURES commit an act of infringing upon property of agencies or organizations, or property, health,

Article 89. The measure of education in honor or dignity of citizens or foreigners; or commune, ward or township disturbing social order and safety for twice or 1. Education in commune, ward or township more in 6 months, which is not serious enough is an administrative handling measure for penal liability examination. applicable to the subjects specified in Article 6. Persons specified in Clauses 1, 2 and 3 of 90 of this Law to educate and manage them at this Article who have no stable places of their places of residence in case it is unnecessary residence shall be consigned to social relief to separate them from the community. establishments or child care establishments for 2. The duration of the measure of education management and education in the duration of in commune, ward or township is between 3 execution of the measure of education in 74 Issue nos 06-10/August 2012 (Cling Be° nos 479480/August 6, 2012) commune, ward or township. 6 months an act of thievery, swindling, gambling or public order disturbance which is

Article 91. The measure of consignment to not serious enough for penal liability reformatory examination, and have previously been subject 1. Consignment to reformatory is an to the measure of education in commune, ward administrative handling measure applicable to or township. persons who commit the violations specified in 5. The measure of consignment to

Article 92 of this Law in order to help them reformatory is not applicable to the following receive general education or vocational training, persons: labor and live under the management and education of a reformatory. a/ Persons who have no civil liability capacity; 2. The duration of application of this measure is between 6 and 24 months. b/ Pregnant women with hospital certification;

Article 92. Persons subject to the measure c/ Women or persons who are lonely nursing of consignment to reformatory under 36-month infants as certified by I . Persons who are between full 12 and under commune-level People's Committees of 14 years old and commit acts showing signs of localities where they reside. particularly serious intentional crime prescribed in the Penal Code. Article 93. The measure of consignment to 2. Persons who are between full 14 and under compulsory education institution 16 years old and commit acts showing signs of 1. Consignment to compulsory education very serious intentional crime prescribed in the institution is an administrative handling Penal Code. measure applicable to persons who commit a 3. Persons who are between full 14 and under violation specified in Article 94 of this Law for 16 years old, commit acts showing signs of labor, general education, vocation training or serious intentional crime prescribed in the Penal living under the management of a compulsory Code and have previously been subject to the education institution. measure of education in commune, ward or 2. The duration for application of the township. measure of consignment to compulsory 4. Persons who are between full 14 and under education institution is between 6 and 24 18 years old, commit for twice or more within months. Issue nos 06-10/August 2012 75 (COng BAo nos 479480/August 6, 2012)

Article 94. Persons subject to the measure cation establishment is an administrative of consignment to compulsory education handling measure applicable to persons who institution commit a violation specified in Article 96 of this Law for medical treatment, labor, general 1. Subject to the measure of consignment to education or vocational training under the compulsory education institution are persons management of a compulsory detoxification who commit an act of infringing upon property establishment. of domestic or foreign organizations, property, health, honor or dignity of citizens or foreigners; 2. The duration of application of the measure or disturbing social order and safety for twice of consignment to compulsory detoxification or more within 6 months which is not serious establishment is between 12 and 24 months. enough for penal liability examination, and have

Article 96. Persons subject to the measure previously been subject to this measure or have of consignment to compulsory detoxification never been subject to this measure but have no stable places of residence. establishment 1. Subject to the measure of consignment 2. The measure of consignment to to compulsory detoxification establishment are compulsory education institution is not drug addicts who are full 18 years or older and applicable to the following persons: still addicted to drugs after having been subject a/ Persons who have no administrative to the measure of education in commune, ward liability capacity; or township or have not yet been subject to b/ Persons who are under 18 years old; this measure and have no stable places of residence. c/ Female persons who are over 55 years old and male persons who are over 60 years old; 2. The measure of consignment to compulsory detoxification establishment is not d/ Pregnant women with hospital applicable to the following persons: certification; e/ Women or person who are lonely nursing a/ Persons who have no administrative under 36-month infants as certified by liability capacity; commune-level People's Committee of b/ Pregnant women with hospital localities where they reside. certification; c/ Women or persons who are lonely nursing

Article 95. The measure of consignment to under 36-month infants as certified by compulsory detoxification establishment commune-level People's Committees of 1. Consignment to compulsory detoxifi- localities where they reside. 76 Issue nos 06-10/August 2012 (ging Bao nos 479480/August 6, 2012) Chapter II and written explanations of the violator and PROCEDURES FOR MAKING DOSSIERS other relevant documents. OF REQUEST FOR APPLICATION OF For minors who are considered for ADMINISTRATIVE HANDLING application of the measure of education in MEASURES commune, ward or township, a dossier of request must contain remarks of the school,

Article 97. Making of dossiers of request agency or organization where such minor is for application of administrative handling learning or working (if any), and opinions of measures his/her parents or guardian. 1. Chiefs of commune-level police offices 4. After completely making dossiers of of localities where violators specified in Article request specified in Clauses 1, 2 and 3 of this 90 of this Law reside or where they commit Article, dossier-making agencies shall send illegal acts shall make, at their own will or at them to chairpersons of commune-level the request of chairpersons of commune-level People's Committees and concurrently notify Fatherland Front Committees or representatives the making of dossiers to persons subject to the of agencies, organizations or population units measure requested to be applied. For minors, at the grassroots level, dossiers of request for the making of dossiers of request shall also be application of the measure of education in notified to their parents or guardians. These commune, ward or township. persons may read dossiers and take notes of 2. In case violators specified in Article 90 of necessary contents within 5 days after being' this Law are detected, investigated or accepted notified. for handling in violation cases directly by

Article 98. Decisions to apply the measure district-level police offices or provincial-level of education in commune, ward or township police departments but their violations are not serious enough for penal liability examination, 1. Within 15 days after receiving a dossier police offices or departments that have accepted of request for application of the measure of and are handling these cases shall verify education in commune, ward or township, the evidences, collect documents and make dossiers chairperson of the commune-level People's of request for application of the measure of Committee shall assign a civil servant in charge education in commune, ward or township of justice and civic registration work to examine against these persons. such dossier and organize a consultation meeting. 3. A dossier of request comprises a resume, documents on illegal acts, health records (if any) The chairperson of the commune level - , iteb,:flk91;-' Issue nos 06-10/August 2012 77 (Gang Bao tws 479480/August 6, 2012) People's Committee shall chair the clause(s) of legal document(s); application consultation meeting with the participation of duration; date of execution of the decision; the chief of the commune-level police office, responsibilities of the agency, organization or the civil servant in chare of justice and civic family assigned to manage and educate this registration work, representatives of the person; right to lodge complaints or initiate Vietnam Fatherland Front Committee and a lawsuits as provided by law. number of relevant same-level social 4. A decision on application of the measure organizations and representative(s) of local of education in commune, ward or township people. The person requested to be subject to takes effect on the date of its signing and must the measure of education in commune, ward be promptly sent to the to-be-educated person, or township and their parents or lawful his/her family, the commune-level People's representatives shall be invited to participate Council and relevant agencies and in the meeting and give their opinions on the organizations. application of this measure. 5. Dossiers on application of the measure of 2. Within 3 days after the conclusion of the education in commune, ward or township must consultation meeting specified in Clause I of be marked with signs for filing and archived in this Article, the chairperson of the commune- accordance with the law on archive. level People's Committee shall consider the application of the measure of education in Article 99. Making of dossiers of request commune, ward or township. Depending on for application of the measure of consignment each type of person, the chairperson of the to reformatory commune-level People's Committee shall decide to consign the to be-educated person to 1. The making of dossiers of request for an agency, organization or his/her family for application of the measure of consignment to management and education. If this person has reformatory for the persons specified in Article 92 of this Law shall be as follows: no stable place of residence, he/she shall be consigned to a social relief or child care a/ For minor violators who have stable places establishment for management and education. of residence, chairpersons of commune-level People's Committees of localities where they 3. A decision on application of the measure reside shall make dossiers of request for of education in commune, ward or township application of this measure. must clearly state the date of issuance; full name and position of the issuer; full name, date of A dossier of request comprises a resume and birth, place of residence and violation of the to- documents on illegal acts of the violator; applied be-educated person; applicable article(s) and educational measures; written explanations of 78 Issue nos 06-10/Aimust 2012 (Gong Bao nos 479480/August 6, 2012) the violator; opinions of his/her parents or reformatory against these persons. lawful representatives, and of the school, agency A dossier of request comprises a resume and or organization where he/she is learning or documents on illegal acts of the violator; applied working (if any) and other relevant documents; educational measure(s); written explanations of b/ For minor violators who have no stable the violator and opinions of his/her parents or places of residence, chairpersons of commune- lawful representative. level People's Committees of localities where 3. After completely making dossiers of they commit their violations shall make dossiers request specified in Clauses 1 and 2 of this of request for application of this measure. Article, dossier-making agencies shall notify the A dossier of request comprises the written making of dossiers to persons subject to the record of the violation; a resume and documents measure requested to be applied. These persons on the illegal act of the violator; a summary of may read dossiers and take notes of necessary his/her criminal records; the applied educational contents within 5 days after being notified. After measure(s) (if any); written explanations of the persons subject to the measure requested to be violator and opinions of his/her parents or applied and their parents or lawful lawful representative; representatives fully read the dossiers, these c/ Commune-level police offices shall help dossiers shall be sent to heads of district-level chairpersons of same-level People's justice sections. Committees collect documents and make Within 5 days after receiving dossiers, heads dossiers of request specified at Points a and 6, of district-level justice sections shall examine Clause 1 of this Article. the legality of these dossiers and send them to 2. In case minor violators who are subject to same-level police office chiefs. the measure of consignment to reformatory as

Article 100. Consideration of and decision specified in Article 92 of this Law are detected, on transfer of dossiers of request application of investigated or accepted for handling in the measure of consignment to reformatory by violation cases directly by district-level police district-level people's courts offices or provincial-level police departments but their violations are not serious enough for 1. Within 7 days after receiving a dossier penal liability examination, police offices or specified in Article 99 of this Law, the chief of departments that have accepted and are handling a district-level police office shall consider and these cases shall verify evidences, collect decide to transfer such dossier to the district- documents and make dossiers of request for level people's court, requesting the latter to application of the measure of consignment to apply the measure of consignment to Issue nos 06-10/Auzust 2012 79 (Cling Sao nos 479480/August 6, 2012) reformatory. In case the dossier is incomplete, A dossier of request comprises a resume and it shall be returned to the dossier-making agency documents on illegal acts of the violator; the for further collection of documents to complete applied measure of education in commune, the dossier. ward or township; written explanations of the violator or his/her lawful representatives, and 2. A dossier of request for consideration and other relevant documents; decision on application of the measure of consignment to reformatory by a district-level b/ For violators who have no places of people's court comprises: residence in localities where they commit illegal acts, chairpersons of commune-level People's a/ A dossier of request for application of the Committees verify their places of residence. In measure of consignment to reformatory case places of residence of violators can be specified in Article 99 of this Law; identified, chairpersons of commune-level b/ A written request of the chief of the People's Committees shall transfer these district-level police office for consideration and violators together with written records of application of the measure of consignment to violations to their localities for handling. In case reformatory. places of residence of violators are unidentifiable, they shall make dossiers of 3. Dossiers of request for application of the request for application of the measure of measure of consignment to reformatory must consignment to compulsory education be marked with signs for filing and archived in institution. accordance with the law on archive. A dossier of request comprises the written

Article 101. Making of dossiers of request record of the violation; a resume and documents for application of the measure of consignment on illegal acts of the violator; a summary of his/ to compulsory education institution her criminal records; the applied educational measure(s) (if any); written explanations of the L The making of dossiers of request for violator or his/her lawful representative; application of the measure of consignment to compulsory education institution for the persons c/ Commune-level police offices shall help specified in Article 94 of this Law is as follows: chairpersons of same-level People's Committees collect documents and make a/ For violators who have stable places of dossiers of request specified at Points a and b, residence, chairpersons of commune-level Clause I of this Article. People's Committees of localities where they reside shall make dossiers of request for 2. In case minor violators who are subject to application of this measure. the measure of consisnment to compulsory 80 Issue nos 06-10/August 2012 (Cong Rio nos 479480/August 6, 2012) education institution as specified in Article 94 Article 102. Consideration of and decision of this Law are detected, investigated or on transfer of dossiers of request application of accepted for handling in violation cases directly the measure of consignment to compulsory by district-level police offices or provincial- education institution by district-level people's level police departments but their violations are courts not serious enough for penal liability 1. Within 7 days after receiving a dossier examination, police offices or departments that specified in Articles 101 and 118 of this Law, have accepted and are handling these cases shall the chief of a district-level police office shall verify evidences, collect documents and make consider and decide on transfer of such dossier dossiers of request for application of the to the district-level people's court, requesting measure of consignment to compulsory the latter to apply the measure of consignment education institution against these persons. to compulsory education institution. In case the A dossier of request comprises a resume and dossier is incomplete, it shall be returned to the documents on illegal acts of the violator; the dossier-making agency for further collection of applied measure of education in commune, documents to complete the dossier. ward or township; written explanations of the 2.A dossier of request for consideration and violator or his/her lawful representative. decision on application of the measure of 3. After completely making dossiers of consignment to compulsory education request specified in Clauses 1 and 2 of this institution by a district-level people's court Article, dossier-making agencies shall notify the comprises: making of dossiers to persons subject to the a/ A dossier of request for application of the measure requested to be applied or their measure of consignment to compulsory representatives. These persons may read education institution specified in Articles 101 dossiers and take notes of necessary contents and 118 of this Law; within 5 days after being notified. After persons subject to the measure requested to be applied b/ A written request of the chief of the or their lawful representatives fully read the district-level police office for consideration and dossiers, these dossiers shall be sent to heads application of the measure of consignment to of district-level justice sections. compulsory education institution. Within 5 days after receiving dossiers, heads 3. Dossiers of request for application of the of district-level justice sections shall examine measure of consignment to compulsory the legality of these dossiers and send them to education institution must be marked with signs same-level police office chiefs. for filing and archived in accordance with the Issue nos 06-10/August 2012 81 (CO ng Baa nos 479480/August 6, 20)2) law on archive, unidentifiable, they shall make dossiers of request for application of the measure of

Article 103. Making of dossiers of request consignment to compulsory detoxification for application of the measure of consignment establishment. to compulsory detoxification establishment A dossier of request comprises the written 1. The making of dossiers of request for record of the violation; a resume and documents application of the measure of consignment to evidencing the addiction state of the addict; compulsory detoxification establishment for the documents evidencing that the addict has been persons specified in Article 96 of this Law is as subject to the measure of education in follows: commune, ward or township for his/her addiction; and written explanations of the a/ For drug addicts who have stable places addict; of residence, chairpersons of commune-level c/ Commune-level police offices shall help People's Committees of localities where they chairpersons of same-level People's reside shall make dossiers of request for application of this measure. Committees collect documents and make dossiers of request specified in Clauses 1 and 2 A dossier of request comprises a resume and of this Article. documents evidencing the addiction state of the violator; documents evidencing that the violator 2. In case addicts who are subject to the has been subject to the measure of education in measure of consignment to compulsory commune, ward or township for his/her detoxification establishment as specified in addiction; written explanations of the violator Article 96 of this Law commit violations which or his/her lawful representative, and other are detected, investigated or accepted for relevant documents; handling in violation cases directly by district- level police offices or provincial-level police b/ For drug addicts who have no places of departments, police offices or departments that residence in localities where they commit illegal have accepted and are handling these cases shall acts, chairpersons of commune-level People's verify evidences, collect documents and make Committees verify their places of residence. In dossiers of request for application of the case places of residence of violators can be measure of consignment to compulsory identified, chairpersons of commune-level detoxification establishment against these People's Committees shall transfer these persons. persons together with written records of violations to their localities for handling. In case A dossier of request comprises a resume and places of residence of violators are documents evidencing the addiction state of the 82 Issue nos 06-10/August 2012 (Gong BS nos 479 480/August 6, 2012) - violator; documents evidencing that the violator people's court, requesting the latter to apply the has been subject to the measure of education in measure of consignment to compulsory commune, ward or township for his/her detoxification establishment. In case the dossier addiction; and written explanations of the is incomplete, it shall be returned to the dossier- violator or his/her lawful representative. making agency for further collection of documents to complete the dossier. 3. After completely making dossiers of request specified in Clauses 1 and 2 of this 2.A dossier of request for consideration and Article, dossier-making agencies shall notify the decision on application of the measure of making of dossiers to persons subject to the consignment to compulsory detoxification measure requested to be applied or their establishment by a district-level people's court representatives. These persons may read comprises: dossiers and take notes of necessary contents a/A dossier of request for application of the within 5 days after being notified. After persons measure of consignment to compulsory subject to the measure requested to be applied detoxification establishment specified in or their lawful representatives fully read the Articles 103 of this Law; dossiers, these dossiers shall be sent to heads b/ A written request of the head of the of district-level justice sections. district-level Labor, War Invalids and Social Within 5 days after receiving dossiers, heads Affairs section for consideration and application of district-level justice sections shall examine of the measure of consignment to compulsory the legality of these dossiers and send them to detoxification establishment. heads of same-level Labor, War Invalids and 3. Dossiers of request for application of the Social Affairs sections. measure of consignment to compulsory detoxification establishment must be marked

Article 104. Consideration of and decision with signs for filing and archived in accordance on transfer of dossiers of request application of with the law on archive. the measure of consignment to compulsory detoxification establishment by district-level Chapter III people's courts COMPETENCE AND PROCEDURES FOR 1. Within 7 days after receiving a dossier CONSIDERING AND DECIDING ON THE specified in Article 103 of this Law, the head of APPLICATION OF ADMINISTRATIVE a district-level Labor, War Invalids and Social HANDLING MEASURES Affairs section shall consider and decide on transfer of such dossier to the district-level Article 105. Competence for decidinF on the Issue nos 06-10/Aueust 2012 83 Ong Bao nos 479480/August 6, 2012) application of administrative handling measures Within 3 days after a decision on application of an administrative handling measure takes 1. Chairpersons of commune-level People's effect, the people's court that has issued such Committees are competent to decide on the decision shall send it to the person to be subject application of the measure of education in to such measure, the chief of the district-level commune, ward or township. police office or the head of the district-level 2. District-level people's courts are Labor, War Invalids and Social Affairs section competent to decide on the application of the that has sent the dossier of request for measures of consignment to reformatory, application of the administrative handling consignment to compulsory education measure, the commune-level People's institutions and consignment to compulsory Committee of the locality where the person to detoxification establishment. be subject to the measure resides, and related agencies for execution in accordance with law.

Article 106. Order of and procedures for A decision on application of the measure of considering and deciding on the application of consignment to reformatory shall also be sent administrative handling measures to parents or lawful representative of the person The National Assembly Standing Committee to be subject to the measure. shall specify the order and procedures for people's courts to consider and decide on the Article 108. Statute of limitations for application of the measures of consignment to execution of decisions on application of reformatory, consignment to compulsory administrative handling measures education institution and consignment to 1.The statute of limitations for execution of compulsory detoxification establishment. decisions on application of the measure of education in commune, ward or township and Chapter IV decisions on application of the measure of EXECUTION OF DECISIONS ON consignment to reformatory is 6 months after APPLICATION OF ADMINISTRATIVE these decisions take effect. HANDLING MEASURES 2. The statute of limitations for execution of

Article 107. Sending of decisions on decisions on application of the measure of application of the measures of consignment to consignment to compulsory education reformatory, consignment to compulsory institution and decisions on application of the education institution and consignment to measure of consignment to compulsory compulsory detoxification establishment detoxification establishment is 1 year after these " 7.'11 ALC:44",i71 84 Issue nos 06-10/Au2ust 2012 (Ging Bao nos 479480/August 6, 2012) decisions take effect. law. 3. In case persons obliged to execute these 3. To be-educated persons shall make written decisions intentionally shirk the execution, the commitments to execute decisions on education statute of limitations specified in Clauses 1 and in commune, ward or township. 2 of this Article shall be counted from the time 4. Families of to be-educated persons shall when the act of shirking stops. closely collaborate with persons assigned to

Article 109. Execution of decisions on help to be-educated persons in the management application of the measure of education in and education of to be-educated persons. commune, ward or township

Article 110. Execution of decisions on 1. After receiving a decision on application consignment to reformatory, decisions on of the measure of education in commune, ward consignment to compulsory education or township, an agency or organization assigned institution and decisions on consignment to to educate and manage the person to be subject compulsory detoxification establishment to the measure shall: 1. Within 5 days after receiving a decision a/ Organize the execution of the measure on consignment to reformatory, a decision on against the to be-educated person; consignment to compulsory education b/ Assign a person to directly help the to be- institution or a decision on consignment to educated person; compulsory detoxification establishment, the agency that has sent a dossier of request shall c/ Record in a monitoring book and organize the execution of such decision as periodically report to the chairperson of the follows: commune-level People's Committee on the execution of the decision; a/ The district-level police office shall consign the person obliged to execute the d/ Help and encourage the to be-educated decision to a reformatory or compulsory person and propose the commune-level People's education institution; Committee to create favorable conditions for him/her to seek a job. b/ The district-level Labor, War Invalids and Social Affairs section shall coordinate with the 2. Persons assigned to help to be-educated district-level police office in consigning the persons shall prepare plans on management and education of and assistance for the latter and person obliged to execute the decision to a enjoy financial supports for the management, compulsory detoxification establishment education and assistance in accordance with 2. The duration of execution of the decision .4494-r ,": Issue nos 06-10/August 2012 85 (COng Bao nos 479480/August 6, 2012) is counted from the date when the person education institution or compulsory obliged to execute the decision is held in detoxification establishment but has not yet temporary custody before consignment to a been consigned to such reformatory, institution reformatory, compulsory education institution or establishment is exempt from execution of or compulsory detoxification establishment, such decision in the following cases: 3. The Government shall detail the execution a/ He/she is infected with a very dangerous of decisions on consignment to reformatory, disease as certified by a hospital; decisions on consignment to compulsory b/ He/she makes a remarkable progress in education institution and decisions on abiding by law or records a merit or is no longer consignment to compulsory detoxification addicted to drugs during the execution establishment. postponement duration specified in Clause 1 of this Article;

Article 111. Postponement of or exemption c/ She is pregnant as certified by a hospital. from execution of decisions on consignment to reformatory, compulsory education institution 3. District-level people's courts that have or compulsory detoxification establishment issued decisions on application of the measure I. A person obliged to execute a decision on of consignment to reformatory, compulsory consignment to reformatory, compulsory education institution or compulsory education institution or compulsory detoxifica- detoxification establishment shall consider and tion establishment is eligible for postponement decide on postponement of or exemption from of the execution of such decision in the the execution of such decisions on the basis of following cases: written requests of persons obliged to execute such decisions or their lawful representatives. a/ He/she is seriously ill as certified by a In case of necessity, they may consult agencies hospital; which have sent dossiers of request, before b/ His/her family is encountering a special issuing decisions. difficulty as certified by the chairperson of the Decisions on execution exemption or commune-level People's Committee of the postponement shall be sent to agencies locality where he/she resides. enforcing and persons obliged to execute When the condition for postponement of the decisions on application of the measure of execution of such decision no longer exists, consignment to reformatory, compulsory such decision will continue to be executed. education institution or compulsory 2. A person obliged to execute a decision on detoxification establishment. For minors consignment to reformatory, compulsory eligible for postponeirtent of or exemption from 86 Issue nos 06-10/August 2012 (Gong Sao nos 479480/August 6. 2012) the execution of decisions on consignment to a very dangerous disease and pregnant women reformatory, postponement or exemption are also exempt from execution for the decisions shall be sent to their parents or lawful remaining duration. representatives. 3. District-level People's Committees of localities where reformatories, compulsory

Article 112. Reduction of duration, education institutions or compulsory temporary suspension of or exemption from detoxification establishments are located shall execution of consignment decisions for the decide to shorten the period of suspension or remaining duration in reformatories, execution exemption specified in Clauses I and compulsory education institutions or 2 of this Article at the request of principals of compulsory detoxification establishments reformatories or directors of compulsory I. A person who has executed a consignment education institutions or compulsory decision in a reformatory, compulsory education detoxification establishments. institution or compulsory detoxification A decision on suspension of or exemption establishment for half of the prescribed duration from execution of a decision on application of and made a remarkable progress or recorded a the measure of consignment to reformatory, merit may be considered for reduction of or compulsory education institution or compulsory exemption from execution for the remaining detoxification establishment shall be sent to the duration. people's court having issued the consignment 2. In case a person who is executing a decision, the agency having sent the dossier of consignment decision in a reformatory, request, the commune-level People's compulsory education institution or compulsory Committee of the locality where the person detoxification establishment falls seriously ill eligible for the suspension or exemption resides, and is transferred to his/her family for treatment, the reformatory, compulsory education he/she may be eligible for suspension of the institution or compulsory detoxification execution of such decision. The treatment establishment concerned, the person eligible for period shall be counted into the duration of the suspension or exemption and his/her family. execution of the decision. When his/her health 4. A person who is seriously ill or infected recovers, if the remaining execution duration with a very dangerous disease and eligible for is 3 months or more, he/she shall continue the suspension of or exemption from execution of execution. If during the period of suspension, a consignment decision for the remaining he/she makes a remarkable progress or records duration as specified in Clause 2 of this Article a merit, he/she is exempted from execution for and whose place of residence is unidentifiable, the remaining duration. Persons infected with may be transferred to a medical establishment Issue nos 06-1O/Augst 87 (Cong BS nos 479480/August 6, 2012) of the locality where his/her reformatory, establishment, if persons eligible for compulsory education institution or compulsory postponement or suspension continue using detoxification establishment is located for drugs or there is a ground to believe that they treatment. have absconded, district-level people's courts that have issued postponement or suspension

Article 113. Management of persons eligible decisions shall cancel such decisions and issue for postponement or suspension of execution decisions to enforce decisions on consignment of decisions on application of the measure of to compulsory detoxification establishment. consignment to reformatory, compulsory education institution or compulsory 3. Decisions to enforce decisions on detoxification establishment consignment to reformatory, compulsory education institution or compulsory 1. Persons eligible for postponement or detoxification establishment shall be sent to suspension of execution of decisions on police offices or departments at the same level application of the measure of consignment to with courts that have issued such decisions. reformatory, compulsory education institution Immediately after receiving these decisions, or compulsory detoxification establishment police offices or departments shall organize the shall show themselves up at commune-level escorted transfer of consigned persons. People's Committees of localities where they reside.

Article 114. Expiration of the duration of 2. During the period of postponement or execution of decisions on application of suspension of execution of decisions on administrative handling measure consignment to reformatory or compulsory 1. When violators completely execute education institution, if persons eligible for decisions on education in commune, ward or postponement or suspension repeat their township, chairpersons of commune-level handled violations or there is a ground to believe People's Committees shall grant execution that they have absconded, district-level people's completion certificates to them and send copies courts that have issued postponement or of such certificates to their families. suspension decisions shall cancel such decisions and issue decisions to enforce decisions on 2. When violators completely execute consignment to reformatory or compulsory decisions on consignment to reformatory, education institution. compulsory education institution or compulsory During the period of postponement or detoxification establishment, principals of suspension of execution of decisions on reformatories or directors of compulsory consignment to compulsory detoxification education institutions or compulsory 88 Issue nos 06-10/August 2012 (Gong Bao nos 479480/August 6, 2012) detoxification establishments shall grant At the request of competent criminal execution completion certificates to them and procedure-conducting agencies, principals of send copies of such certificates to their families, reformatories or directors of compulsory district-level people's courts that have issued education institutions or compulsory consignment decisions, agencies managing detoxification establishments shall decide to reformatories, compulsory education temporarily transfer persons currently executing institutions or compulsory detoxification the administrative handling measure out of establishments, and commune-level People's places of execution of such measure for Committees of localities where the violators participation in the procedures in the cases reside. involving such persons. 3. Upon the expiration of the duration of 2. The period of temporary transfer of execution of the measure of consignment to persons out of places where these persons are reformatory, compulsory education institution executing an administrative handling measure or compulsory detoxification establishment, shall be included in the duration of execution consigned persons whose places of residence of such measure. are unidentifiable and who are minors or weak

Article 116. Transfer of dossiers of persons persons incapable of working shall be subject to administrative handling measures for transferred to social relief establishments in violations showing signs of crime for penal localities where those reformatories, liability examination compulsory education institutions or compulsory detoxification establishments are 1. When examining dossiers of violators for located. decision on application of administrative handling measures, if finding that these persons' Chapter V violations show signs of crime, competent OTHER PROVISIONS CONCERNING THE persons shall promptly transfer such dossiers APPLICATION OF ADMINISTRATIVE to competent criminal procedure-conducting HANDLING MEASURES agencies.

Article 115. Temporary transfer of persons 2. If violations of persons subject to currently executing the measure of consignment administrative handling measures are detected to reformatory, compulsory education to have signs of crime after decisions on institution or compulsory detoxification application of such measures are issued and the establishment out of places of execution of such statute of limitations for penal liability administrative handling measure at the request examination has not expired, chairpersons of of criminal procedure-conducting agencies People's Committees or people's courts that • .: • , , .1".!".. • !•.,:".i'•••,[; .•.: "i• : • . Issue nos 06-10/August 2012 89 (Cong Belo nos 479-480/August 6, 2012) have issued decisions on application of decisions on application of administrative administrative handling measures shall cancel handling measures for these persons and such decisions and, within 3 days after the transfer their dossiers to criminal procedure- cancellation, transfer dossiers of these persons conducting agencies. If these persons have been to competent criminal procedure-conducting sentenced to imprisonment by courts, they will agencies. be exempt from executing the decisions on application on administrative handling In case persons subject to the measure of measures for the remaining duration stated in consignment to reformatory, compulsory such decisions. If the sentenced penalty is not education institution or compulsory imprisonment, these persons may be required detoxification establishment have been to continue to execute decisions on application sentenced to imprisonment by courts, the of administrative handling measures. duration for which these persons have executed the measure shall be subtracted from the

Article 118. Handling of the case in which duration of execution of the imprisonment a person is subject to both consignment to penalty, with 1.5 days of execution of the compulsory education institution and measure of consignment equal to 1 day of consignment to compulsory detoxification execution of the imprisonment penalty. establishment

Article 117. Penal liability examination of 1. In case a person committing an illegal act crimes committed before or during the is subject to both consignment to compulsory execution of administrative handling measures education institution and consignment to In case of detecting that persons subject to compulsory detoxification establishment, he/ administrative handling measures commit a she shall be consigned to a compulsory crime before or during their execution of detoxification establishment. decisions on application of such measures, at 2. Drug addicts who are aggressive gangsters the request of competent criminal procedure- shall be consigned to compulsory education conducting agencies, chairpersons of commune- institutions. Compulsory education institutions level People's Committees of localities where shall apply detoxification to these persons. the measure of education in commune, ward or township is currently executed or principals of 3. In the stage of reduction of hunger for reformatories or directors of compulsory drugs or recovery of health, if persons currently education institutions or compulsory staying in a compulsory detoxification detoxification establishments shall issue establishment commit violations specified in decisions to suspend the execution of the Article 94 of this Law, they shall be consired 90 Issue nos 06-10/Aueust 2012 (Cony Bao nos 479480/August 6. 2012) to a compulsory education institution. administrative violations and assure the Directors of compulsory detoxification handling thereof establishments shall make dossiers of request In case of necessity to promptly deter for consignment to compulsory education administrative violations or to assure the institutions of persons committing the violations handling of administrative violations, specified in the first paragraph of this Clause competent persons may apply the following based on available dossiers and written records measures according to administrative of new violations, then send them to chiefs of procedures: district-level police offices of localities where I. Holding of persons in temporary custody; compulsory detoxification establishments are located. Chiefs of district-level police offices 2. Escorted transfer of violators; shall consult heads of justice sections on the 3. Temporary seizure of administrative legality of these dossiers before considering and violation material evidences and means, sending dossiers requesting people's courts of licenses and practice certificates; localities where compulsory detoxification establishments are located to decide on 4. Search of persons; application of the measure of consignment to 5. Search of means of transport and objects: compulsory education institution. Procedures for considering the application 6. Search of places where administrative of the measure of consignment to compulsory violation material evidences and means are education institution against these persons hidden; comply with law. 7. Management of foreigners violating the Part Four Vietnamese law pending the completion of expulsion procedures; MEASURES TO DETER ADMINISTRATIVE VIOLATIONS AND 8. Consignment of persons requested to be ASSURE THE HANDLING THEREOF subject to administrative handling measures to their families or organizations for management Chapter I pending the completion of procedures for GENERAL PROVISIONS ON MEASURES application of such measures; TO DETER ADMINISTRATIVE VIOLATIONS AND ASSURE THE 9. Pursuit of persons obliged to execute HANDLING THEREOF decisions on consignment to reformatory, compulsory education institution or compulsory

Article 119. Measures to deter detoxification establishment in case they ' e , Issue nos 06-10/August 2012 91 ping BS nos 479480/August 6, 2012) abscond. in this Law, decisions on application of such measures shall be cancelled.

Article 120. Principles of application of 2. Persons competent to decide on measures to deter administrative violations and application of a measure to deter assure the handling thereof administrative violations and assure the 1. When applying measures to deter handling thereof shall decide to cancel this administrative violations and assure the measure when finding it no longer necessary, handling thereof, competent persons shall or to replace it with another. strictly comply with the provisions of Articles 120 thru 132 of this Law. If violating these Chapter II provisions, they shall be handled in accordance COMPETENCE AND PROCEDURES FOR with law. APPLICATION OF MEASURES TO DETER ADMINISTRATIVE VIOLATIONS 2. Measures to deter administrative AND ASSURE THE HANDLING violations and assure the handling thereof shall THEREOF only be applied in necessary cases specified in Chapter!! of this Part.

Article 122. Holding of persons in 3. Persons issuing decisions on application temporary custody according to administrative of measures to deter administrative violations procedures and assure the handling thereof shall take 1. The holding of persons in temporary responsibility for their decisions. custody according to administrative procedures shall be applied only in case of necessity to 4. The use of weapons and supporting tools promptly prevent or stop acts of disturbing in the application of measures to deter public order and inflicting injury on others. administrative violations and assure the handling thereof must comply with law. 2. Every case of holding a person in temporary custody must have a written decision,

Article 121. Cancellation or replacement of a copy of which must be handed to the person measures to deter administrative violations and held in temporary custody. assure the handling thereof 3. The maximum duration of holding of 1. In case the application of measures to deter persons in temporary custody according to administrative violations and assure the administrative procedures is 12 hours. In case handling thereof is no longer appropriate to the of necessity, this duration may be prolonged but application purposes and conditions provided must not exceed 24 hours from the beginning 92 Issue nos 06-10/August 2012 (COng Sao nos 479480/August 6, 2012) of the holding. Agencies that have the function of prevention and combat of illegal acts and have For persons violating the border regulation to regularly hold administrative violators in or commit administrative violations in remote t mountainous areas or islands, the duration of temporary custody shall arrange or design and holding in temporary custody may be prolonged build separate administrative temporary custody but must not exceed 48 hours from the houses or rooms, including separate places for minors, women or foreigners, and assign full- beginning of the holding. time management and safeguarding staffs. Persons temporarily held in airplanes or seagoing ships shall be promptly transferred to For airplanes, seagoing ships and trains that competent agencies upon the arrival of these have departed from airports, seaports or railway airplanes or seagoing ships at airports or stations, depending on the specific conditions seaports. and violators, airplane commanders, shipmasters or trainmasters shall decide on 4. At the request of persons held in temporary places of temporary custody and assign persons custody, persons issuing decisions on holding to take charge of temporary custody. in temporary custody shall notify their families or organizations where they work or learn of 6. It is prohibited to hold administrative the temporary custody. In case of holding minor violators in criminal temporary custody or violators in temporary custody at nighttime or temporary detention rooms or places which are for over 6 hours, persons issuing decisions on unhygienic and unsafe for persons held in holding in temporary custody shall promptly temporary custody. notify their parents or guardians of the 7. The Government shall stipulate the temporary custody. holding of persons in temporary custody 5. Places for holding of persons in temporary according to administrative procedures custody according to administrative procedures

Article 123. Competence to hold persons in are administrative temporary custody houses or temporary custody according to administrative rooms arranged at offices of agencies or units procedures where persons competent to issue decisions on holding administrative violators in temporary 1. When there is an act of disturbing public custody work. In case there is no administrative order or inflicting injury on another person temporary custody house or room, the reception specified in Clause 1, Article 122 of this Law, room or another room at the workplace may be the following persons may decide on holding used for temporary custody, provided general persons committing such act in temporary regulations are complied with. custody according to administrative '410k c' • Issue nos 06-10/August 2012 93 (Gong Bao nos 479480/August 6, 2012) procedures: g/ Heads of market management teams; a/ Chairpersons of commune-level People's h/ Commanders of border-guard sub-zones, Committees, chiefs of ward police offices; commanders of port border guards, commanders of border-guard fleets, b/ Chiefs of district-level police offices; commanders of border-guard flotillas, heads of c/ Chiefs of police offices for administrative border-guard stations and heads of border-guard management of social order, chiefs of order units stationed in border areas and islands; police offices, chiefs of road and railway traffic V Captains of marine police flotillas, captains police offices, chiefs of waterway police of marine police fleets, commanders of marine offices, chiefs of police offices for police zones; investigation of economic management order and position-related crimes, chiefs of police j/ Persons in command of aircraft, offices for investigation of social order-related shipmasters and trainmasters in case aircraft, crimes, chiefs of police offices for ships or trains have departed from airports, investigation of drug-related crimes, heads of seaports or railway stations; immigration management sections of k/ Judges chairing court hearings. provincial-level Police Departments; chiefs of 2. Persons competent to hold persons in police offices for criminal judgment temporary custody specified at Points a thru enforcement and judicial assistance, andchiefs Clause 1 of this Article may empower their of police offices for environmental crime deputies. The empowerment shall be made only prevention and combat; when heads are absent and expressed in writing, d/ Chiefs of mobile police units at the clearly stating the scope. contents and duration company or higher level, heads of border-gate of empowerment. Empowered deputies shall public security stations; take responsibility for their decisions before their heads and law. Empowered persons may e/ Directors of district-level forest protection not further empower or authorize any other offices, heads of mobile forest protection teams; persons. f/ Directors of district-level Customs Departments, heads of control teams of Article 124. Escorted transfer of violators provincial-level Customs Department, heads of 1. Violators who fail to voluntarily abide by anti-smuggling control teams, and captains of requests of competent persons shall be marine control flotillas of the Anti-Smuggling transferred with escorts in the following cases: Investigation Department of the General Department of Custom; a/ They are held in temporary custody 94 Issue nos 06-10/August 2012 (Cony Sao /um 479480/August 6, 2012) according to administrative procedures; Article. b/ They are transferred back to reformatories, 2. The temporary seizure of material compulsory education institutions or evidences and means specified in Clause 1 of compulsory detoxification establishments in this Article must be terminated immediately accordance with Clause 2, Article 132 of this after circumstances serving as grounds for Law. issuing sanctioning decisions are verified, violations are no longer dangerous to the society 2. Competent persons who are on duty shall or sanctioning decisions are executed. organize the escorted transfer of violators. In case fines are allowed to be paid in 3. The Government shall specify the escorted installments in accordance with Article 79 of transfer of violators. this Law, after the first installment of fine payment, violators may receive back

Article 125. Temporary seizure of material temporarily seized material evidences and evidences, means, licenses or practice means. certificates according to administrative procedures 3. Persons competent to apply the sanction of confiscation of administrative violation 1. The temporary seizure of material material evidences and means specified in evidences, means, licenses or practice Chapter II, Part Two of this Law are also certificates according to administrative competent to temporarily seize material procedures must be applied only in the evidences and means used for commission of following cases of particular necessity: administrative violations. a/ For verifying circumstances to have 4. When there is a ground to believe that if grounds for issuing sanctioning decisions. In temporary seizure is not promptly applied, case of temporary seizure of administrative administrative violation material evidences and violation material evidences for valuation to means may be dispersed or destroyed, direct have as a basis for determination of the fine superiors of people's police officers, marine frame or sanctioning competence, Clause 3, police officers, border guard soldiers, forest

Article 60 of this Law applies; protection officers, customs officers or market b/ For immediately stopping administrative controllers who are on duty shall promptly seize violations which might cause serious administrative violation material evidences and consequences to the society; means. Within 24 hours after making written c/ For assuring the execution of sanctioning records of violations, record makers shall report decisions in accordance with Clause 6 of this to their heads who are competent to temporarily Issue nos 06-10/August 2012 95 (Cong Bab nos 479480/August 6, 2012) seize administrative violation material of institutional violators, one copy each. evidences and means specified in Clause 1 of 6. In case only the sanction of fine is imposed this Article for consideration and issuance of on individual or institutional administrative temporary seizure decisions. For material violators, persons with sanctioning competence evidences being perishable goods, persons who may temporarily seize any of the following temporarily seize them shall promptly report to papers in the following order: driver's license their direct superiors for handling and pay or vehicle circulation permit or another compensations in accordance with law in case necessary paper related to the material these goods decay or are lost. In case no decision evidences and means, pending the complete on temporary seizure is issued, temporarily execution of sanctioning decisions. If individual seized material evidences and means must be or institutional violators have none of the above immediately returned to their owners. papers, persons with sanctioning competence 5. Persons issuing decisions on temporary may temporarily seize administrative violation seizure of administrative violation material material evidences and means, except in the evidences and means shall preserve such case specified in Clause 10 of this Article. material evidences and means. In case 7. Individual or institutional administrative temporarily seized material evidences and violators that are subject to the sanction of means are lost, sold, exchanged or damaged or deprivation of the right to use licenses or partially lost or replaced, persons issuing practice certificates may have their licenses or decisions of temporary seizure thereof shall pay practice certificates temporarily seized to assure compensations and be handled in accordance the execution of sanctioning decisions. The with law. temporary seizure of licenses or practice In case temporarily seized material certificates pending the issuance of decisions evidences and means must be sealed, the sealing does not affect the right of such individuals or must be carried out in the presence of violators. organizations to use these licenses or practice II violators are absent, the sealing must be certificates. carried out in the presence of representatives of families, organizations and local 8. The time limit for of temporary seizure of administrations and witnesses. administrative violation material evidences, The temporary seizure of administrative means, licenses or practice certificates is 7 days, violation material evidences and means must counting from the first date of temporary have written decisions enclosed with written seizure. This time limit may be prolonged for records of temporary seizure and shall be cases involving complicated circumstances handed to individual violators or representatives which require verification, hut must not exceed 96 Issue nos 06-10/August 2012 (Cong Btho nos 479480/August 6, 2012) 30 days, counting from the first date of unidentifiable or absent or refuses to sign, there temporary seizure of material evidences, must be signatures of two witnesses. A written licenses or practice certificates. record must be made in two copies, one to be kept by the person competent to conduct For cases specified in the second paragraph, temporary seizure and another to be kept by the Clause 1, Article 66 of this Law in which more violator. verification time is needed, competent persons who are handling the cases shall report such in 10. For means of transport involved in writing to their heads to ask for prolongation of administrative violators and subject to the duration of temporary seizure. The temporary seizure to assure the execution of prolongation must be decided in writing and sanctioning decisions, individual or institutional must not exceed 30 days. violators that have clear addresses and The time limit for temporary seizure of warehousing conditions for preservation of administrative violation material evidences, these means of transport or deposit a bail may means, licenses or practice certificates is keep these means of transport under the counted from the time when such administrative management by competent state agencies. violation material evidences, means, licenses or The Government shall detail this Clause. practice certificates are physically seized. The time limit for temporary seizure of Article 126. Handling of material evidences, administrative violation material evidences, means, licenses or practice certificates means, licenses or practice certificates must not temporarily seized according to administrative exceed the time limit for issuance of decisions procedures on sanctioning administrative violations 1. Persons issuing decisions on temporary specified in Article 66 of this Law, except the seizure shall handle temporarily seized material case specified at Point c, Clause 1 of this Article. evidences, means, licenses or practice 9. All cases of temporary seizure of material certificates by methods stated in sanctioning evidences, means, licenses or practice decisions or return them to individual or certificates must be recorded in writing. A institutional violators in case the sanction of written record of temporary seizure must clearly confiscation of temporarily seized material state the names, quantities, categories and state evidences and means or deprivation of the right of temporarily seized material evidences and to use licenses or practice certificates is not means and bear the signatures of the person applied. issuing the decision on temporary seizure and Temporarily seized material evidences and of the violator. In case the violator is means which are illegally appropriated or used Issue nos 06-10 At i_tmLZO2 97 (Gong Bao nos 479480/August 6, 2012) for commission of administrative violations owners, managers or users. subject to confiscation must be returned to their 4. Upon the expiration of the duration of lawful owners, managers or users. In this case, temporary seizure, if violators do not come to individual or institutional violators shall pay a claim administrative violation material sum of money equal to the value of violation evidences and means without any plausible material evidences and means into the state reason or if violators are unidentifiable, persons budget. issuing decisions on temporary seizure shall In case owners, managers or users make announcements on the mass media and intentionally let violators use administrative post up notices at offices of persons competent violation material evidences and means in to conduct temporary seizure. Within 30 days accordance with Article 26 of this Law, such after making an announcement or posting up a material evidences and means shall be forfeited notice, if the violator does not come to claim, into the state budget. the competent person shall issue a decision to confiscate administrative violation material 2. Material evidences, means, licenses or evidences and means for handling in accordance practice certificates temporarily seized to assure with Article 82 of this Law. the execution of sanctioning decisions in accordance with Clause 6, Article 125 of this 5. For administrative violation material Law shall be returned to sanctioned violators evidences and means being goods or articles immediately after they completely execute harmful to human health, domestic animals, sanctioning decisions. plants or the environment, or harmful cultural products, destruction shall be conducted in 3. For administrative violation material accordance with Article 33 of this Law. evidences and means which are perishable 6. Narcotics and objects banned from goods or articles, persons issuing decisions on circulation must be confiscated or destroyed in temporary seizure shall organize the sale thereof accordance with Articles 33 and 82 of this Law. at market prices and make written records of the sale. Proceeds from the sale shall be 7. Persons who have administrative violation deposited in the custody account opened at the material evidences and means temporarily State Treasury. If such material evidences are seized shall pay warehousing expenses, subsequently confiscated under decisions of wharfage and charge for preservation of competent persons, proceeds from the sale shall material evidences and means and other be remitted into the state budget. In case such expenses for the temporary seizure in material evidences are not confiscated, proceeds accordance with Clause 8, Article 125 of this from the sale shall be refunded to their lawful Law. 98 Issue nos 06-10/August 2012 ping Bat 110S 479480/August 6, 2012) No warehousing expenses, wharfage and in writing to their heads who are specified in preservation charge shall be collected for Clause 1, Article 123 of this Law, and shall take temporarily seized material evidences and responsibility before law for the search of means if their owners are not at fault in persons. administrative violations or the measure of 3. The search of persons shall be conducted confiscation of material evidences and means under written search warrants, except the case is applied. of necessity to immediately conduct the search The Government shall detail charge rates for specified in the second paragraph, Clause 2 of temporary seizure of material evidences and this Article. means specified in Article 125 of this Law. 4. Before conducting the search of persons,

Article 127. Search of persons according to searching persons shall notify to be-searched administrative procedures persons of search warrants. In a search, male persons shall be searched by male persons, The search of persons according to female by female and in the presence of administrative procedures may only be witnesses of the same gender. conducted when there is a ground to believe that these persons hide in their bodies objects, 5. All cases of search of persons must be documents or means used for commission of recorded in writing. A copy of the warrant and administrative violations. written record of search of a person must be handed to the searched person. 2. Persons specified in Clause 1, Article 123 of this Law may decide on search of persons Article 128. Search of means of transport according to administrative procedures. and objects according to administrative In case there is a ground to believe that unless procedures search is promptly conducted, objects, The search of means of transport and documents or means used for commission of objects according to administrative procedures administrative violations may be dispersed or may only be conducted when there is a ground destroyed, in addition to the persons specified in to believe that administrative violation material Clause 1, Article 123 of this Law, people's police evidences are hidden in such means of transport officers, marine police officers, border guard and objects. soldiers, forest protection officers, customs officers or market controllers who are on duty 2. Persons specified in Clause 1, Article 123 may search persons according to administrative of this Law may search means of transport and procedures and shall promptly report the search objects according to administrative procedures. • .7.'1' • Issue nos 06-10/August 2012 99 (Gong Bao nos 479-480/August 6,2012) 3. In case there is a ground to believe that violation material evidences and means are unless search is promptly conducted, hidden may only be conducted when there is a administrative violation material evidences may ground to believe that administrative violation be dispersed or destroyed, in addition to the material evidences are hidden in such places. persons specified in Clause 2 of this Article, 2. Persons specified in Clause 1, Article 123 people's police officers, marine police officers, of this Law may decide on search of places where border guard soldiers, forest protection officers, administrative violation material evidences and tax officers, customs officers or market means are hidden. In case administrative controllers and inspectors who are on duty may violation material evidences and means are search means of transport and objects according hidden at places of residence, these persons shall to administrative procedures and shall promptly request chairpersons of district-level People's report the search to their heads and take Committees to consider and decide on the search. responsibility for the search. 4. The search of means of transport and 3. The search of a place where administrative objects shall be conducted under written search violation material evidences and means are warrants, except the case specified in Clause 3 hidden shall be conducted in the presence of its of this Article. owner or his/her family's adult member(s) and a witness. In case the owner of the searched The search of a means of transport or an place and his/her family's adult member(s) are object shall be conducted in the presence of its absent and the search cannot be delayed, there owner or the driver of such means of transport must be a representative of the local and one witness. In case the owner of means of administrative and 2 witnesses transport or object or driver of means of transport is absent, there must be 2 witnesses. 4. The search of places where administrative violation material evidences and means are 5. All cases of search of means of transport hidden must not be conducted at nighttime, and objects must be recorded in writing. A copy unless it is conducted in the case of emergency of the warrant and written record of the search or is in progress and the reason for it to be of a means of transport or an object must be conducted is stated in the written record. handed to its owner or the driver of the means of transport. 5. All cases of search of places where administrative violation material evidences and

Article 129. Search of places where means are hidden must be conducted under administrative violation material evidences and written search warrants and recorded in writing. means are hidden A copy of the warrant and written record of the 1. The search of places where administrative search of a place where administrative violation 100 Issue nos 06-10/August 2012 (Gong Bao nos 479480/August 6, 2012) material evidences and means are hidden must management pending the completion of be handed to its ownet procedures for application of such measures 1. Pending the completion of the procedures

Article 130. Management of foreigners for considering and deciding on the application violating the Vietnamese law pending the of the measure of consignment to reformatory, completion of expulsion procedures compulsory education institution or compulsory 1. The management of foreigners violating detoxification establishment, chairpersons of the Vietnamese law pending the completion of commune-level People's Committees that have expulsion procedures shall be organized when made dossiers of request shall decide to consign there is a ground to believe that unless this violators subject to such measure to their families measure is applied, such foreigners may shirk or social organizations for management. or obstruct the execution of expulsion decisions 2. Violators who have stable places of or to prevent these persons from relapsing into residence may be consigned to their families violations. for management. Those who have no stable 2. Heads of immigration management places of residence shall be consigned to social agencies or directors of provincial-level Police organizations for management. Departments that have made dossiers of request 3. The duration of management shall be for expulsion shall issue decisions on counted from the time of making dossiers to management of foreign violators pending the the time when competent persons apply completion of expulsion procedures by any of administrative handling measures against the following methods: violators under court rulings. a/ Restricting the movement of managed persons; 4. A decision to consign a violator to his/her family or a social organization for management b/ Designating compulsory places of must clearly state the date of issuance; full name dwelling for managed persons; and position of the issuer; full name, date of c/ Temporarily seizing passports or other birth and place of residence of the person or personal identity papers in substitution for name and address of the social organization passports of managed persons. assigned to manage the consigned person; full 3. The Government shall detail this Article. name, date of birth and place of residence of the managed person; reason for and duration of

Article 131. Consignment of persons management and responsibilities of the requested to be subject to administrative handling managed person, the managing person or measures to their families or organizations for organization and the commune-level People's Issue nos 06-10/August 2012 101 (Gong Bao nos 479480/August 6, 2012) Committee of the locality where the managed 7. In the duration of management, person resides; and signature of the person chairpersons of commune-level People's deciding on the consignment. Such decision Committees that manage persons specified in shall be promptly sent to the person to be Clause I of this Article shall: managed and the family or social organization a/ Notify managed persons and families or undertaking to manage him/her. social organizations assigned to manage them of 5. In the duration of management, families their rights and obligations in the duration of or social organizations assigned to manage management; violators shall: b/ Apply measures to support families or social organizations assigned to manage these a/ Prevent managed persons from relapsing persons in managing and supervising them in into violations; their places of residence; b/ Assure that managed persons are present c/ When being notified of managed persons' when decisions on consignment to reformatory, absconding from their places of residence or compulsory education institution or compulsory commission of violations, promptly notify such detoxification establishment are issued; to district-level police offices for taking timely c/ Promptly report to chairpersons of handling measures prescribed by law. commune-level People's Committees that have 8. The Government shall detail this Article. issued decisions to consign persons for management in case the managed persons

Article 132. Pursuit of persons obliged to abscond or commit violations. execute decisions on consignment to reformatory, 6. In the duration of management, managed compulsory education institution or compulsory persons shall: detoxification establishment in case they abscond a/ Strictly abide by the regulations on I. In case persons obliged to execute decisions temporary residence and temporary absence; on consignment to reformatory, compulsory and, when leaving their communes, wards or education institution or compulsory townships for stay in other localities, notify their detoxification establishment abscond before families or social organizations of the address being consigned, district-level police offices that and duration of stay; have made dossiers shall issue decisions on pursuit of these persons. b/ Promptly show themselves up at commune-level People's Committees when so 2. In case persons who are consigned to requested by chairpersons of commune-level reformatories, compulsory education institutions People's Committees. or compulsory detoxification establishments 102 Issue nos 06-10/August 2012 (ging Bac; nos 479480/August 6, 2012) abscond, principals of reformatories or directors Article 133. Scope of application of compulsory education institutions or The handling of minors committing compulsory detoxification establishments shall administrative violations complies with the issue decisions on pursuit of these persons. Police provisions of Part Five and other relevant offices shall coordinate with these reformatories, provisions of this Law. institutions or establishments in pursuing and sending these persons back to their reformatories, Article 134. Handling principles institutions or establishments. In addition to the principles of handling of 3. If persons who are consigned to administrative violations specified in Article 3 reformatory or are executing consignment of this Law, the handling of minors must also decisions in reformatories as specified in Clause adhere to the following principles: 1 of this Article reach full 18 years of age when 1. The handling of minors committing they are pursued, principals of reformatories administrative violations may only be conducted shall request district-level people's courts of in cases of necessity to educate and help them localities where reformatories are located to correct their wrongdoings, healthily develop and consider and apply the measure of consignment become citizens useful for the society. to compulsory education institution if these In the course of considering and handling persons are eligible for consignment to a minors committing administrative violations. compulsory education institution. persons competent to handle administrative 4. The absconding period is not included in violations shall guarantee the best interests of the duration of execution of decisions on minors. The measure of consignment to application of the measure of consignment to reformatory may be applied only when no other reformatory, compulsory education institution handling measure is deemed more appropriate; or compulsory detoxification establishment. 2. The handling of minors committing Part Five administrative violations must also be based on the ability of these minors to perceive the danger PROVISIONS APPLICABLE TO MINORS to the society of their violations and COMMITTING ADMINISTRATIVE circumstances in which they commit violations VIOLATIONS before a sanction is decided or an appropriate Chapter I administrative handling measure is applied; GENERAL PROVISIONS ON HANDLING 3. Sanctions to be imposed and sanctioning OF ADMINISTRATIVE VIOLATIONS OF levels to be decided on minors committing an MINORS administrative violation must be lighter than t_ Itrikf teck. 4.P4W", Issue nos 06-10/August 2012 103 (Co'ng Bab nos 979480/August 6, 20)2) those imposed on adults committing the same include; administrative violation. a/ Forcible restoration of the original state; For administrative violators who are between b/ Forcible application of measures to full 14 and under 16 years old, fines must not be remedy environmental pollution or spreading imposed. of epidemics or diseases; In case administrative violators who are c/ Forcible destruction of goods and articles between full 16 and under 18 years old are harmful to human health, domestic animals, imposed fines, the fine level must not exceed half plants and the environment, and cultural of that applicable to adults. In case they have no products with harmful contents; money to pay fines or are unable to execute d/ Forcible refund of illicit profits earned remedial measures, their parents or guardians through the commission of administrative shall do so on their behalf; violations or money amounts equivalent to the 4. In the course of handling minors value of administrative violation material committing administrative violations, their evidences or means which have been illegally privacy secrets must be respected and protected; sold, dispersed or destroyed. 5. Measures in substitution for

Article 136. Application of administrative administrative violation handling shall be handling measures considered for application when the conditions specified in Chapter II of this Part are fully 1. The measure of education in commune, satisfied. The application of measures in ward or township must be applied to minors substitution for administrative violation committing violations in accordance with handling is not regarded as handling of Chapter I, Part Three of this Law. Minors administrative violations. subject to the measure of education in commune ward or township shall be managed by their

Article 135. Application of sanctions and parents or guardians. In case they have no stable remedial measures places of residence, they shall live in social relief establishments or child care establishments. I. Sanctions applicable to minors include: They may go to school or participate in other a/ Caution; learning or vocational programs and b/ Fine; community-based programs on life skill c/ Confiscation of administrative violation counseling and development. material evidences and means. 2. The measure of consignment to reformatory 2. Remedial measures applicable to minors is applicable to minors committing violations in 104 Issue nos 06-10/August 2012 (Cong Bac) nos 479480/August 6, 2012) accordance with Chapter II, Part Three of this Article 139. Admonition Law. 1. Admonition is a measure in substitution

Article 137. Duration upon the expiration for administrative violation handling to point of which a minor is regarded as having never out violations committed by minors and must been administratively handled be applied to minors committing administrative violations which are subject to administrative 1.A minor shall be regarded as having never sanctioning when the following conditions are been santtioned for an administrative violation fully satisfied: if he/she, within 6 months after completely a! Their administrative violations are subject executing the sanctioning decision or after the to the sanction of caution; expiration of the statute of limitations for executing an administrative sanctioning b/ Minors have voluntarily reported their decision, does not commit recidivism. violations and shown their sincere repentance for their violations. 2. If a minor subject to an administrative handling measure, within 1 year after 2. Pursuant to Clause 1 of this Article, completely executing the handling decision or persons with sanctioning competence shall after the expiration of the statute of limitations decide on application of the measure of for executing a handling decision, does not admonition. commit recidivism, he/she will be regarded as Admonition shall be given verbally and on having never been subject to such the spot. administrative handling measure.

Article 140. Management at home Chapter II 1. Management at home is a measure in MEASURES IN SUBSTITUTION FOR substitution for administrative violation ADMINISTRATIVE VIOLATION handling applicable to minors specified in HANDLING OF MINORS Clause 3, Article 90 of this Law when the following conditions are fully satisfied:

Article 138. Measures in substitution for administrative violation handling a/ Violating minors have voluntarily reported their violations and shown their sincere Measures in substitution for administrative repentance for their violations; violation handling of minors include: b/ They have a living environment favorable 1. Admonition; for the execution of this measure; 2. Management at home. a Their parents or guardians have sufficient Issue nos 06-10/A ueust 2012 105 (Citing Bao nos 479-480/August 6, 20)2) conditions for their management and voluntarily I. This Law takes effect on July 1, 2013. undertake to manage them at home. Particularly, the provisions concerning the application of administrative handling measures 2. Pursuant to Cause I of this Article, under rulings of people's courts take effect on chairpersons of commune-level People's January 1, 2014. Committees shall decide on application of this measure. 2. Ordinance No. 44/2002/PL-UBTVQH10 3. The duration of application of this on Handling of Administrative Violations, measure is between 3 and 6 months. Ordinance No. 31/2007/PL-UBTVQFI II Amending a Number of Articles of the 2002 4. Within 3 days after a decision on Ordinance on Handling of Administrative application of the measure of management at . Violations, and Ordinance No. 04/2008/ home takes effect, the chairperson of the UBTVQHI2 Amending and Supplementing a commune-level People's Committee that has Number of Articles of the Ordinance on issued such decision shall send it to the family Handling of Administrative Violations cease to of the minor and assign an organization(s) and be effective on the effective date of this Law. individual(s) in die locality where the minor except the provisions concerning the application resides to collaborate with his/her family in of the measure of consignment to reformatory. managing him/her and supervise the educational institution or medical treatment management. establishment which continue to be effective Minors under management at home may go through December 3 I. 2013. to school or participate in learning or vocational programs or community-based programs on life Article 142. Implementation and detailing skills counseling and development. guidance 5. In the duration of management at home, The Government and Supreme People's if minors relapse into violations, competent Court shall detail and guide the implementation persons specified in Clause 2 of this Article shall of articles and clauses of this Law as assigned decide to terminate the application of this to them. measure and handle them in accordance with law. This Law was passed on June 20, 2012, by the X111 th National Assembly of the Socialist Part Six Republic of Vietnam at its 3r d session.- IMPLEMENTATION PROVISIONS Chairman of the National Assembly

Article 141. Effect NGUYEN S1NH HUNG